January 31, 2026

New Legislation – Rental adverse strata corporations put to the test

2022 was an interesting year for older strata corporations who historically had rental restrictions or prohibitions in their bylaws. Any strata corporations built after 2013 were unable to restrict the number of rentals due to legislative changes where the developer had the option to force the allowance of rentals for the life of the building.

Strata Councils spent several years denying requests from owners asking to rent out their strata lots and collecting information from owners requesting to rent their units due to hardship. Those issues are now outdated, because in 2022 the provincial government introduced new legislation and changes to the Strata Property Act that would remove any ability for Strata to restrict or prohibit rentals within the Strata corporation.

Short-term rentals are not included in the legislation that governs residential tenancies. Local governments and strata corporations may have bylaws which regulate, limit, or ban short-term rentals. Learn more about: Short-Term Rental Strata Bylaws

The Strata Property Action sec. 141 states:

The 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.

The change stemmed from the government’s initiative to address British Columbia’s rental crisis by increasing the supply of available rental units. The goal was to ease the market pressures and reduce rental costs, making housing more accessible and affordable for individuals earning an average income.

What does this mean for the Strata Council?

In practical terms, the changes are positive despite change-resistant Strata Corporations.

The Strata Councils no longer need to spend time investigating owners for possible illegal rentals, deny rental requests, or reviewing documentation to determine if a hardship rental exemption request is valid. This allows the Strata Council to focus on broader issues and priorities.

Yes, there may be additional administrative tasks relating to an increase in Form K’s received and administering tenant information, but the Strata Corporation does not take on any additional responsibility for strata lot repairs and maintenance as those still are the responsibility of the strata lot owner.

Most tenants, acting in good faith, will want to be part of the community and live in the
property long term. Tenants that become problematic are not treated differently than any

other owner or occupant. Tenants are held to the same bylaw and rule standards. For the Form K “Notice of Tenant’s Responsibility” process, owners must provide new tenants with the strata’s bylaws and rules, and the tenant acknowledges the requirement to follow them when they sign the form. The strata council addresses contraventions the same for a tenant and owner. Both the owners and tenants may be fined in accordance with the Strata bylaws. The Strata Property Act now has more defined options for the Strata to evict a tenant if the behaviors are very disruptive despite enforcement efforts.

The 2022 legislative changes have reshaped the governance of rental-adverse Strata Corporations. While the changes may have initially been worrisome for Strata with limits or prohibitions on rentals, years later most Strata Council’s are seeing the practical benefit of not monitoring rental activity, needing to make decisions on hardship rental exemption requests, or administering a wait list.

Tips for owners renting out their strata lot:

• Review your Strata’s bylaws and rules to understand the expectations of your prospective tenant (s).
• Check for any short-term rental restrictions in the Strata bylaws and municipal bylaws. This may dictate your minimum tenancy length (e.g., 90 days or more).
• Make sure your unit is safe, maintained, and compliant with Strata’s bylaws (e.g., no unapproved alterations, fire safety equipment is both inspected and up to date, plumbing are serviced with no leaking).
• Submit a Form K as soon as possible to the Strata Corporation and provide your tenants will a complete copy of Strata’s bylaws and rules.
• The tenants should understand their responsibilities as they relate to the bylaws and rules. This includes, but not limited to, providing access for fire safety equipment or emergencies, noise, barbeque usage, waste disposal, etc.
• Ensure your tenant has the correct building access devices (e.g., keys, fobs, remotes) and you as the landlord confirm their move in or out booking with the Strata Corporation.
• Provide contact information of the landlord/rental property manager to the tenant, so they know how to contact you for strata lot related repairs. Tenants can contact the strata property management company to report common property repairs.
• Tenants do not always have access to Strata Corporation notices and alerts, so it is imperative that the owner or rental manager passes on any Strata-related communications that are relevant.

Additional Information:

Form K – Notice of Tenants Responsibilities

BC Government – Renting in a Strata Corporation

BC Government – Residential Tenancies

BCFSA – BC Government Ends Rental and Age Restrictions for Strata Properties