New legislation to increase housing supply
One of the 3 new proposed legislation’s to increase housing supply in BC is changes to Strata Property Act in regards to rental restriction.
Strata Property Act amendments:
Amendments to the Strata Property Act will ban strata rental-restriction bylaws and limit age restrictions in strata housing to 55 and older, preserving seniors’ communities, while opening up housing options for families. These changes fulfil a recommendation of the Province’s Rental Housing Task Force.
Rental restriction bylaws have already been banned in strata corporations formed since Jan. 1, 2010. The change extends the ban on rental restrictions to stratas formed before that date. There are approximately 300,000 strata units built before 2010 that may still be subject to rental bans.
Data from the Speculation and Vacancy Tax shows that in areas of B.C. covered by the tax, there were nearly 2,900 vacant units in strata buildings with rental restrictions in 2021 – the last year the exemption was available before it phased out. If passed, age and rental restrictions would be lifted immediately, and these empty units will be available to renters.
Stratas that want to restrict short-term rentals, like AirBnBs, will still be encouraged to do so to ensure long-term rental options are available for British Columbians. The Province is working with municipalities to bring in further short-term rental restrictions in future legislative sessions. In addition, the Residential Tenancy Branch policy guidelines have been updated to state that a strata corporation can issue a notice to end a tenancy and apply to the Residential Tenancy Branch for dispute resolution in place of the landlord, while recovering the costs of that application.
The Province is also making life easier for those who live in stratas by making electronic meetings a permanent option. During the COVID-19 pandemic, electronic meetings became a reliable and safe way to conduct strata operations and often increased owner participation. Electronic meetings may be held by phone or online via Zoom or Teams, for example, or as a hybrid both in-person and electronically.
If approved, this change would take effect immediately. The Province’s temporary regulation allowing stratas to hold electronic meetings was set to expire on Dec. 31, 2022.
