I am a middle aged divorced man, father of two early adult children, one works full time in the film industry and is saving to buy his first home at the age of 21. The other is in his first year of post secondary education at Douglas college. I am a small business owner. I am a hard working individual who volunteered many hours of my time in my community while raising my kids, coaching, participating and organizing the sporting activities they were engaged in. 

When you read the above what do you think?

There are many factors that affect the cost of housing for people purchasing and or renting.  

In 2010 the province changed the law requiring all new Strata Corporations to indicate on the form J, Rental disclosure statement, a time frame when a strata lot could be a rental property. This effectively removed Strata Corporation’s right to establish a rental restriction bylaw. For properties built before January 2010 they have the ability to have a rental restriction bylaw. Are these rental bylaws helping increase the cost of housing in BC, I think they are. Are they discriminatory, I also believe they are.  

A rental restriction bylaw can take many forms and one of those is limiting the owner’s ability to rent “part” of their strata lot when the owner resides in the property. The Civil Resolution Tribunal has reviewed multiple cases challenging rental restriction bylaws, in particular relating to renting a portion of a strata lot. Each case has been denied by the Civil Resolution Tribunal. Owners have tried to argue that renting part of the strata lot is not in violation of the bylaws based on the fact that the Residential Tenancy Act does not classify these types of situations as a rental. The most recent case is Cardenas vs NWR2247.

The Cardenas case is very interesting and highlights a problem with the Strata Property Act, Human Rights Code and how they are affecting the cost of housing. Cardenas didn’t dispute having a “roommate” and admitted he rented a room in his strata lot. Cardenas argued as had the other cases before the Civil Resolution Tribunal that the rental is not a rental as the Residential Tenancy Act, which is the legislation which governs tenancies in BC,  does not acknowledge roommates as a tenancy, and that the strata property act has a provision that prohibits Strata Corporations from having a bylaw which contravenes another act. (section 121)

The adjudicator in the Cardenas case explained the Strata Property Act has its own definition of a tenant which is as follows: "tenant" means a person who rents all or part of a strata lot, and includes a subtenant but does not include a leasehold tenant in a leasehold strata plan as defined in section 199 or a tenant for life under a registered life estate;

and therefore the section 121 (1)(a) unenforceable bylaws does not apply in this case as the Residential Tenancy Act  does not govern the Strata Property Act and its definition of a tenant. It states just because the Residential Tenancy Act does not recognize a roommate as a tenant, the Strata Property Act has the right to do so. This leads to the question of when would section 121 (1) (a) be enforceable?. Section 121 states (1) (a)states: 

121   (1) A bylaw is not enforceable to the extent that it

(1)(a) contravenes this Act, the regulations, the Human Rights Code or any other enactment or law,  

The Cardenas case adjudicator indicated that even though the rental restriction bylaw didn’t specify renting part of the strata lot was prohibited, the bylaw was still enforceable.   

It begs the question of how the act that determines and governs rentals in BC can be overridden by a definition in another act. If the Strata Property Act has a definition of what a crime is, different to what the criminal code defines as a crime, would the Strata Property Act prevail? 

The bigger question to this and the other cases are these bylaws restricting renting a part of the strata lot discriminatory to owners, potential owners and tenants, I believe they are. 

As described above the definition in the Strata Property Act of a tenant is a person who rents all or part of a strata lot. Section 142 of the strata property act outlines “family” and “family member” as described in the regulations as being exempt from rental restrictions. Section 8 of the Strata Property Regulations describes family members to include the following:

8.1   (1) For the purposes of section 142 of the Act, "family" and "family member" means

(a) a spouse of the owner,

(b)a parent or child of the owner, or

(c)a parent or child of the spouse of the owner.

(2)In subsection (1), "spouse of the owner" includes an individual who has lived with the owner, for a period of at least 2 years at the relevant time, in a marriage-like relationship.

What does this mean to someone who owns a strata lot and has space for a roommate?. Who is eligible to live with them and who is not? In accordance with the current laws the following people are prohibited to live with an owner if there's a rental restriction bylaw.

A sibling (brother or sister), cousin, Aunt, Uncle, friend or partner who has not lived with the owner in a marriage-like relationship for two years. Let’s look at these more closely.

This means if a person buys a strata with a rental restriction, their sibling who lives in Ontario and wants to move here is prohibited from living with the owner.

Their cousin from another country who wants to come here for a year is not allowed to live with them.

Their boyfriend, girlfriend or partner of any kind is not allowed to move in. If they do, for the first two years they are in violation of a rental restriction bylaw. 

Their best friend from growing up, from highschool or college is prohibited from moving in. 

If one of your children is in a position to purchase a strata lot, should their sibling be allowed to live with them? Should their partner be allowed to move in? 

Or when later in life, or after a divorce you as an owner meet a partner you want to move in with you, they would be in violation of a rental restriction bylaw.

According to the current definitions in the Strata Property Act and regulations, all of the above are currently prohibited.In these scenarios for the other person to move in, the owner would be required to change the title of the ownership of their property adding the individuals to the property as an owner, preventing the other person from being classified as a “tenant” 

The human rights code is supposed to protect people from disrimination based on class of people. Why are Strata Corporations in my opinion, allowed to discriminate against a classification of people “tenants”, because they have a definition in their act which is different than what is in the Residential Tenancy Act. When renting a rental property, including in a Strata Corporation where a rental restriction bylaw exists, landlords are prohibited from discriminating against tenants. The current laws and decisions by the Civil Resolution Tribunal are granting Strata Corporations the right to discriminate against tenants.

As a strata manager, I have listened to many council members speak in a derogatory manner about “tenants”. They are tenants, they don’t keep it clean, we don’t want tenants they are always a problem, they don’t follow the rules. These are discriminatory comments based on a classification of people. 

I kind of understand the ability of a strata to be allowed to restrict rentals of the entire unit, but it is time the Strata Property Act be amended allowing roommates of any kind for the benefit of housing costs, familys and to end discrimination. The Human Rights Code and the Civil Resolution Tribunal are failing tenants. 

Some people are unable to afford a full property and renting a room is a very viable and affordable option. People’s economic situations are always changing and these restrictions prevent owners from being able to stay in “their home” when circumstances change. 

When a couple goes through a breakup or divorce and one party keeps the strata lot, these laws restrict their ability to have other family, friends or a other tenant reside at the property to assist them to remain in their home. Or your family member needs a place to live and you are not able to provide that to them.   

As a property manager, I have rented many properties to wonderful tenants who are great people. Why are Strata Corporations afraid of “tenants”?  

Go back to the top and read the opening paragraph again before reading below. 

Currently I am a tenant.