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144 (1) An owner may apply to the strata corporation for an exemption from a bylaw that prohibits or limits rentals on the grounds that the bylaw causes hardship to the owner.

  • (2) The application must be in writing and must state
  • (a) the reason the owner thinks an exemption should be made, and
  • (b) whether the owner wishes a hearing.
  • (3) If the owner wishes a hearing, the strata corporation must hear the owner or the owner’s agent within 4 weeks after the date the application is given to the strata corporation.
  • (4) An exemption is allowed if
  • (a) the strata corporation does not give its decision in writing to the owner,
    • (i) if a hearing is held, within one week after the hearing, or
    • (ii) if no hearing is requested, within 2 weeks after the application is given to the strata corporation, or
  • (b) the owner requests a hearing under subsection (2)(b) and the strata corporation does not hold a hearing within 4 weeks after the date the application is given to the strata corporation.
  • (5) An exemption granted by the strata corporation may be for a limited time.
  • (6) The strata corporation must not unreasonably refuse to grant an exemption.

1998-43-144, effective July 1, 2000 (B.C. Reg. 43/2000); 2009-17-24, effective December 11, 2009 (B.C. Reg. 312/2009).

REGULATIONS

See s. 8.2 of the Strata Property Regulation, B.C. Reg. 43/2000, at chapter 57 (Strata Property Regulations) in this Manual, which provides that, for the purpose of s. 144 of the Act, “hearing” refers to the opportunity to be heard in person at a council meeting.