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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 58 (Strata Property Regulations), 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.