Living in a Strata Corporation can be complicated, you own the home but unlike individual houses there are additional rules and bylaws residents must abide by. All Strata Corporations have “rules and bylaws” which are created by the ownership voting and approval at General Meetings. All residents including tenants living in Strata Corporations are required to follow the rules and bylaws. How do tenants know what the rules and bylaws are to ensure they are in compliance?

Strata Corporations are governed by legislation in British Columbia called the Strata Property Act. Section 146 of the act explains the requirement for landlords to provide tenants a copy of the rules and bylaws “before the tenant rents the property”. A “Form K” also known as “Notice of Tenant Responsibilities” must be signed by the landlord and the tenant before the start of the tenancy. The Strata Property Act also requires owners to provide a copy of the signed form K to the Strata Corporation within two weeks of renting the property. Many Strata Corporations have added bylaws making it a requirement that Landlords provide the signed form k as outlined in section 146, which provides Strata Corporations the ability to take actions including applying fines if a form K is not provided.  

It is important to understand that having tenants sign the form K and sending it to the Strata Corporation isn’t all that is required. A form k is an acknowledgement by the landlord that they provided a current copy of the rules and bylaws to the tenant. When tenants sign the form K Landlord’s should provide current copies of the rules and bylaws, explain to the tenant why they are signing this form, as they are required to comply with the rules and bylaws and should read the documents provided to them. Another overlooked aspect is rules and bylaws often change during a tenancy. The Strata Property regulations standard form K identifies the need for tenants to comply with the “changed” rules and bylaws. During a tenancy, tenants may not be aware of changes to rules and bylaws unless the Landlord provides them with updates. A majority of tenants are not informed of communication in the Strata Corporation as the Strata Corporation will convey information to the home owners. It is the homeowner or Landlord's responsibility to communicate information to the tenants. After each general meeting Landlords should review minutes of the meeting to review changes made to the rules and bylaws. If they are changed or new ones added, Landlords have the obligation to provide the changed rules and bylaws to their tenants. When changes have occurred Landlords should have tenants sign a document identifying they have received the new or changed rules and bylaws. 

Properly completing the “Notice of Tenant's Responsibilities” protects both the landlord and the tenant by clearly explaining the expectations of both parties during the tenancy.

Need assistance managing your rental property? contact us for an evaluation of your needs.

Cartref Properties specializes in managing rental units located within Strata Corporations.

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