Can a BC Strata Ban Rentals? Rental Restriction Bylaws Explained

If you own a strata lot as an investment, or plan to rent out your home while you work elsewhere, you may have heard that your strata has a rental cap or a rental ban. Older strata documents often contain exactly that.

In British Columbia the rules changed, and the answer now depends on whether you mean ordinary tenancies or short-term rentals. This article explains the difference, and what landlords and tenants must still do.

This article covers the law of British Columbia.

Ordinary rentals: the ban on rental restriction bylaws

Since November 24, 2022, no strata corporation or section may have a residential rental-restriction bylaw, and existing ones are invalid. Section 141 of the Strata Property Act says a strata must not screen tenants, require approval of tenants, require terms in tenancy agreements or otherwise restrict the rental of a lot.

So a bylaw that caps the number of rental units, bans renting or sets a waiting list is no longer valid, even if it was passed years ago and filed. More generally, a bylaw is unenforceable to the extent it contravenes the Act or restricts an owner's right to freely sell, lease, mortgage or dispose of a lot.

Short-term rentals are treated differently

The rental ban does not stop strata bylaws that limit or ban short-term rentals, and such a bylaw requires a 3/4 vote of owners. Short-term rental means accommodation provided to the public for payment for fewer than 90 consecutive days.

A strata short-term rental bylaw can set fines up to $1,000 per contravention, imposed daily for continuing contraventions. Ordinary fines are capped at $200 per bylaw contravention and $50 per rule contravention. Before fining, the strata must receive a complaint, give written particulars and allow a reasonable opportunity to answer, including a hearing if requested.

Other rules that can limit short-term rentals

• Under the Short-Term Rental Accommodations Act, hosts must be registered with the provincial registry (mandatory May 1, 2025) and show the registration number on listings.
• The principal residence requirement limits rentals to the host's principal residence plus one secondary suite or accessory dwelling unit, but it does not apply everywhere.
• Strata hotels are not exempt from the provincial regime and must register, while hotels, motels, hostels and resorts are exempt.
• Local governments such as Kelowna, Powell River, Victoria and Vancouver generally limit short-term rentals to principal residences, so an investor who does not live in the unit may be barred regardless of the strata bylaw.

What landlords and tenants still have to do

Before renting, a landlord must give the tenant the current bylaws and rules and a Notice of Tenant's Responsibilities (Form K), and within 2 weeks of renting give the strata a signed copy. If the landlord does not, the tenant may end the tenancy within 90 days of learning of it, and the landlord pays reasonable moving expenses up to one month's rent.

Where a lot is leased to the same person for a set term of 3 years or more, the landlord's powers and duties under the Act, bylaws and rules are assigned to the tenant, though the landlord remains responsible for fines and remedy costs. Tenants' fines may be collected from the tenant, landlord and owner up to the total fine.

Age restrictions are a separate matter. A bylaw may require one or more residents to reach a specified age, which cannot be below 55, with exemptions for existing residents, caregivers and certain family members.

What to do next

• Read your strata's current bylaws and note any rental provisions; an old rental cap is invalid.
• Check whether any bylaw is about short-term rentals and when it was passed.
• Confirm your municipality's short-term rental rules and whether you must register.
• Give tenants the bylaws and Form K before they move in and send the strata a signed copy.
• Speak to a lawyer before renting, or if the strata is fining or pressuring you over a rental.

Frequently asked questions