New Legislation Affecting Strata Corporations in BC Now in Effect

With the passing of Bill 44 – Building and Strata Statutes Amendment Act, 2022, the Strata Property Act has been amended in the following key areas:

1. To cancel and prohibit any and all rental restrictions, including canceling the enforceability of bylaws restricting the duration of rentals, and number of rental prohibitions (not including short-term accommodation bylaws that prohibit Airbnb or VRBO, which can still be prohibited by bylaw). Landlords are still obligated to provide a strata corporation with a Form K Notice of Tenant’s responsibilities and landlords and tenants must comply with all other bylaws and rules of a strata corporation.

2. To cancel and prohibit age restriction bylaws, except only for age restriction bylaws reserving occupancy for residents 55 years of age and older to accommodate live-in caregivers or support persons.

3. Adding permanent authorization for remote attendance in electronic general meetings and hybrid in-person/electronic meetings, with a delayed requirement to ensure a method to confirm attendee eligibility during an electronic meeting.

Strata corporations with the now unenforceable age and rental restrictions bylaws and/or ongoing enforcement activities in relation to such bylaws should consider how this legislative change will impact their strata corporation and consider appropriate bylaw amendments.