Landlords and Strata Corporations
When renting in stratas, tenants and landlords must follow provincial legislation including the Strata Property Act and regulations, the Residential Tenancy Act and the strata's bylaws and rules. Some stratas also have rental restriction bylaws which limit or prevent rentals.
Under the Strata Property Act, a landlord is:
- an owner who rents a strata lot to a tenant or
- a tenant who rents a strata lot to a subtenant
A landlord has a right under the Strata Property Act to:
- assign all or some of his or her powers and duties to a tenant, except his or her responsibilities in relation to fines or other costs for the breach of bylaws or rules by a tenant
- collect any sums from the tenant paid to the strata corporation for
- fines the tenant owes to the strata corporation for bylaw or rule breaches
- remedying a tenant’s contravention of the bylaws and rules
The Obligations of Landlords
Under the Strata Property Act, a landlord must:
- give tenants a copy of the current bylaws and rules and a “Form K: the Notice of Tenant’s Responsibilities”
- give the strata corporation a copy of the Form K, signed by the tenant, within two weeks of the renting to the tenant
- pay to the strata corporation his or her tenant’s fines and any costs incurred for remedying a contravention of the bylaws or rules, if required by the strata corporation
- pay his or her tenant’s reasonable moving costs up to a maximum of one month’s rent if the tenant ends a tenancy within ninety days of learning of the contravention due to the landlord failing
- to provide the tenant with a copy of the bylaws and rules or
- to provide a copy of the signed Form K to the strata corporation
- to pay his or her tenant’s reasonable moving costs up to a maximum of one month’s rent if the tenant ends a tenancy within ninety days of learning of the contravention due to the rental agreement contravening a rental restriction bylaw
- to not interfere with the strata lot, common property, or land that is a common asset in a way that would be unreasonable if a three year lease or longer has been entered into with a tenant
A strata corporation has the following rights under the Strata Property Act in relation to tenants:
- it may fine a tenant or assess against a tenant the cost of remedying a contravention of a bylaw or rule
- it may collect any sums from the tenant or the landlord and owner owing to it by a tenant for a bylaw or rule breach
- it may grant or remove a grant of short term exclusive use of common property to a tenant
A strata corporation has the following right under the Standard Bylaws (which may be amended) in relation to tenants: it can by majority vote, ask a tenant to leave a general meeting if the tenant does not have the right to vote.
The Obligations of Strata Corporations
Under the Strata Property Act a strata corporation must:
- give the landlord a copy of any written notice provided by a tenant which gives notice of the assignment of powers and duties under a lease of three years or more
- provide for inspection or provide copies of all records, bylaws and rules to a tenant who has been assigned these rights by the landlord
- provide former tenants, who were assigned the landlord’s right to inspect records and documents as referred to in Section 35 of the Strata Property Act, access to the records that relate to the time of their tenancy
- provide access to the bylaws and rules to the tenant even when the landlord has not assigned the tenant the right to inspect or obtain records or documents of the strata corporation
- give notice to tenants of all meetings when the tenant has been assigned the owner’s right to vote and the strata corporation has received notice of the assignment
A strata corporation has the following obligation under the Standard Bylaws (which may be amended): it must allow, if permitted by the chair, a tenant to participate in discussion at an annual or special general meeting even if the tenant does not have the right to vote.
Under the Strata Property Act, the strata corporation cannot:
- screen tenants
- establish screening criteria
- require that it approve of tenants
- require the insertion of terms in tenancy agreements or otherwise restrict the rental of a strata lot except by a bylaw that limits the rental of residential strata lots
A landlord can evict a residential tenant if the tenant repeatedly or continually contravenes a reasonable and significant strata bylaw or rule.
The strata corporation may be able to evict a residential tenant who repeatedly breaches reasonable and significant bylaw or rules, if there is serious interference with the rights of other persons in the strata development. Readers should seek professional advice if they need to determine specific legal rights and duties which may apply in their particular situations.
References to Strata Property legislation:
Sections of the Act: 1, 28, 35, 36, 45, 54, 76, 110, 124, 125, 129-135, 137, 138, 142, 145-148, 164, 165, 173, 174, 173, 175, 177, 178
Standard Bylaws (which can be amended) 3, 4, 7, 26
The information on this website about strata housing is provided for the user’s convenience as a basic starting point; it is not a substitute for getting legal advice. Learn more about the site’s purpose and limits. The content on this website is periodically reviewed and updated by the Province of British Columbia as per the date noted on each page: February 2015.