On November 21, 2022, the BC provincial government introduced Bill 44—the Building and Strata Statutes Amendment Act, 2022 (the “Act”)—with the legislation coming into force only 4 days later on November 24, 2022.
Aside from being a record for passing legislation, the Act also provides amendments to the Strata Property Act to ban or limit certain strata bylaws, including rental restriction.
While newer stratas were already banned from certain rental restrictions, the Act extends that ban to stratas formed before 2010. This means, effective November 24, 2022, nearly all rental bylaws in the province are no longer enforceable.
To date, reactions from the real estate and property management industries have been mixed, with some questioning if this change will ultimately help address housing affordability in the province.
In addition, the Act bans age restriction bylaws across the province. Stratas with 55+ restrictions—such as those used by many senior’s communities—can still be enforced, though 19+ or similar restrictions cannot.
It’s worth noting, short-term accommodation bylaws prohibiting AirBnB or VRBO-type rentals are still in full force and effect, with fines of up to $1,000 per day if a strata corporation has bylaws prohibiting these types of rentals.
As well, the Act amends the Strata Property Act to allow meetings and bylaw approvals to be conducted by electronic means, making permanent temporary measures that were introduced because of the COVID-19 pandemic.
For more information on the Act and its potential impacts, please contact Hugh Claxton of our Real Estate Group.