Prior to November 2022 strata corporations in British Columbia were expressly permitted by the Strata
Property Act to limit the number of strata lots that owners could rent to non-owner tenants.
Additionally, prior to November 2022 Strata Corporations were permitted to enact bylaws that required
owners and occupants to be 19 years of age or older, the “Adult Oriented Strata” idea.

In November 2022 the British Columbia Government passed Bill 44 which enacted certain important
changes to the Strata Property Act. Most notably, Bill 44 repealed sections 139-140 which permitted
rental restrictions within a Strata and amended section 141 to state that a strata corporation must not
“screen tenants, establish screening criteria, require the approval of tenants, require the insertion of
terms in tenancy agreements, or otherwise restrict the rental of a strata lot.” In short strata
corporations can no longer legally enforce rental restriction bylaws on strata lot owners.

Bill 44 also amended the Strata Property Act so that Strata Corporations are no longer permitted to
pass/have bylaws that require owners/occupants/tenants to be over the age of 19. The only age
restriction bylaw that is now permitted by the Strata Property Act is a bylaw that requires
owners/occupants/tenants to be over the age of 55. There are certain exceptions to this rule which can
be found in section 123.2 of the Strata Property Act.

The ramifications of these changes are that if you are residing in a Strata that has rental restriction
bylaws, or bylaws that require owners/occupants/tenants to be over the age of 19, those bylaws are, as
of November 24, 2022, no longer enforceable. If you are looking to rent your strata lot and were
prevented from doing so before, then perhaps you will be happy to see these changes. We anticipate,
however, that these changes will result in additional work and management for Strata Councils and
Strata Property Managers throughout the Province.

Do these changes apply to you?

The easiest way to tell is if you are governed by a Strata Council and pay strata fees monthly. If yes, then
these changes will apply to you. Also note that these changes will apply to both regular strata-
corporations, and bare-land strata corporations.

If your Strata Corporation has bylaws that contain rental restrictions or age restrictions you should
consider amending your bylaws so that they are in compliance with the current terms of the Strata
Property Act.

Brian Grootendorst