Strata age-restriction bylaws
Publication date: March 25, 2025Strata corporations can only have age-restriction bylaws that restrict residents to age 55 and older. Stratas with 55+ age-restriction bylaws must also make some exemptions. To support families there are required exemptions for younger spouses, children and adult children. There are also required exemptions for caregivers and legacy residents.
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Overview of strata age-restriction bylaws
Strata corporations in B.C. can have a wide variety of strata bylaws, including strata bylaws which restrict the age of one or more strata residents to age 55+.
As of November 24, 2022, strata corporations can no longer have bylaws which restrict residents to other ages, such as restricting strata residents to age 19+, 25+ or 40+.
B.C.’s strata legislation for age-restriction strata bylaws talks about “specified residents”. A specified resident can be an owner, tenant or occupant who lives in the strata lot and who either meets the age requirement or has a legacy exemption.
People younger than age 55 can own strata lots in an age 55+ restricted strata corporation but they may not be able to live in the strata lot. Age-restriction bylaws apply to the residents of the strata lot, not the ownership.
Some people may also be exempt from a strata corporation’s age-restriction bylaws through provincially required exemptions for legacy residents, caregivers and some family members.
Human rights
For drafting, interpreting and enforcing a strata age-restriction bylaw, or other bylaws, strata councils may wish to seek advice from a knowledgeable strata lawyer. Strata councils must also comply with the B.C. Human Rights Code when administering the strata corporation and in the application of strata bylaws.
- The BC Human Rights Clinic has an article about strata corporations and human rights: https://bchrc.net/stratas-and-human-rights/
- The BC Human Rights Tribunal has a webpage about strata corporations and human rights: https://www.bchrt.bc.ca/human-rights-duties/housing/strata/
Exemptions to 55+ age-restriction strata bylaws
Provincial legislation specifies some required exemptions to 55+ strata age-restriction bylaws. These exemptions apply to: legacy residents, caregivers, and some family members. These exemptions can also interact with each other.
Legacy resident exemptions
Legacy exemptions apply to all residents who were lawfully residing in the strata lot when the age-restriction bylaw was passed and who continue to reside in the strata.
For example, the legacy resident exemption would apply to:
- A 36-year-old resident who was lawfully living in the strata lot before the age-restriction bylaw was passed. They may continue to live in the unit; even though the new age-restriction strata bylaw states that an owner, tenant or occupant must be age 55 or older.
- Two sisters, ages 22 and 25, who were lawfully living in the strata lot before the age-restriction bylaw was passed can continue to live in the unit.
Legacy residents are entitled to the caregiver and family exemptions described below. A legacy resident may, for example, in the future, live with a spouse under the age of 55 and/or have children, including adult children, live with them.
Caregiver exemptions
Caregiver exemptions apply to live-in caregivers who provide care to another resident in the strata lot who is dependent on them due to illness, disability, or frailty. For example, an 87-year-old resident can have a 44-year-old caregiver living with them.
Some family exemptions
To support families, there are provincially required exemptions to 55+ strata age-restriction bylaws for some family members of specified residents. This means that if the specified resident meets the age requirement or has a legacy exemption, then certain family members can live with them in an age 55+ strata corporation.
- There are provincially required exemptions for:
- a child, under the age of 19, if the specified resident is a caregiver to the child
- a person who is 19 years or older, such as an adult child, if the specified resident was one of the person’s caregivers before the person reached the age of 19 years
- a younger spouse, if married or living in a marriage-like relationship with a specified resident
Some examples of caregiver and family exemptions
Some examples of exemptions are listed below. These examples are for a specified resident (who can be an owner, tenant or occupant who lives in the strata lot) and who meets the age requirement or has a legacy exemption. A specified resident can:
- have their spouse, partner, or children (including adult children) live with them at any time after an age-restriction bylaw is passed
- have a younger pregnant partner live with them (and the new baby when the baby is born)
- have the younger partner’s dependent children live in the strata lot, if the specified resident is a caregiver for the children
- have a 23-year-old foster son live in the strata lot if the specified resident was a caregiver to the foster son when the foster son was under 19
There are other possible examples which could meet the exemption criteria set by the Province. It is important to note that the exemptions exist in relationship to the specified resident.
A strata corporation’s age-restriction bylaws can also specify further exemptions.
References:
- Strata Property Act (Part 7 – Bylaws and Rules, Division 1 – General) sections 123.1, 123.2
- Strata Property Regulation: 7.01
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