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143 Rental Restriction Bylaw Does Not Immediately Apply To Some Strata Lots

In This Volume

143 (1) Subject to subsection (4), a bylaw that prohibits or limits rentals does not apply to a strata lot until the later of

  • (a) one year after a tenant who is occupying the strata lot at the time the bylaw is passed ceases to occupy it as a tenant, and
  • (b) one year after the bylaw is passed.
  • (2) Subject to subsection (1), if a strata lot has been designated as a rental strata lot on a Rental Disclosure Statement in the prescribed form, and if all the requirements of section 139 have been met, a bylaw that prohibits or limits rentals does not apply to that strata lot until,
  • (a) in the case of a Rental Disclosure Statement filed before January 1, 2010, the earlier of
    • (i) the date the strata lot is conveyed by the first owner of the strata lot other than the owner developer, and
    • (ii) the date the rental period expires, as disclosed in the Rental Disclosure Statement as it read on December 31, 2009, and
  • (b) in the case of a Rental Disclosure Statement filed after December 31, 2009, the date the rental period expires, as disclosed in the Rental Disclosure Statement.
  • (3) Even if a Rental Disclosure Statement filed before January 1, 2010 is changed under section 139(2) after December 31, 2009, subsection (2)(a) of this section applies.
  • (4) Subsection (1)(b) does not apply to a bylaw that is passed under section 8 by the owner developer.

1998-43-143, effective July 1, 2000 (B.C. Reg. 43/2000); 2009-17-23, effective December 11, 2009 (B.C. Reg. 312/2009).

REGULATIONS AND FORMS

The Strata Property Regulation, B.C. Reg. 43/2000, prescribes Form J, Rental Disclosure Statement, for the purpose of s. 143(2). Form J is included at chapter 58 (Strata Property Forms) in this Manual.