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Old 01-23-2013, 10:26 PM   #1
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Getting around strata rental restriction via long-term lease

So a strata has a limitation on the number of rental units. They are now at capacity.

ACcording to the BC property act, part 8, para 148, a long-term lease grants the tenant the powers of an owner.
Strata Property Act

Has anyone attempted to bypass the strata restrictions on rentals by doing so? While this isn't the first choice to broach the subject, I am investigating all possibilities.

What's the essential difference between a lease and rental when it comes to strata bylaws?

Any property managers/experienced owners out there that can chime in?
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Old 01-23-2013, 10:39 PM   #2
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I don't do strata...but define "long-term" because I can tell you, people get nervous hearing a year lease. I can't imagine the conversation for a 5 year one.
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Old 01-23-2013, 10:42 PM   #3
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Old 01-23-2013, 11:00 PM   #4
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rental agreements and leases are essentially the same thing in regards to tenancy laws. a lease usually indicates a specified time-frame, whereas, a rental agreement could indicate a month-to-month tenancy. Basically...a lease holder who gives notice prior to the end of the lease, they could be subjected to fees, penalties, and loss of rental revenue.

in regards to the strata....those agreements are usually iron-clad. they write those things knowing that people will try to get around them so it is likely that if they find out that you are renting your unit above complex capacity, you will face fines....every month.

so, in this case, regarding what you have found in the bc strata act, you will need to find out what they define as 'long-term' lease. I find it unlikely that it would be only a year....or even three years. Your strata agreement should have this topic buried in it....or you could phone the strata company that oversees the property to find out exactly what is considered 'long-term'.
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Old 01-24-2013, 02:29 AM   #5
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^ if you phone them and they tell you what constitutes as 'long term' make sure you get them to mail it to you in written form as well. People that tell you on the phone could just be telling you without know the actual 'legal' definition of the term.
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Old 01-24-2013, 07:58 AM   #6
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According to the bc strata laws, long term lease is 3 yrs or more. We are comfortable with this as it will be leased to a good friend.

Why can't you just do a long term lease with a 30-60 day notice clause?

Also, wondering if this is another way to get around.... What about house sitting? It's not so much renting per se but exchanging use of condo for care taking and security.
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Old 01-24-2013, 08:01 AM   #7
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From the bc strata property act:

Long term lease
148 (1) In this section, "long term lease" means a lease to the same person for a set term of 3 years or more.

(2) If a residential strata lot is leased under a long term lease, the tenant is assigned the powers and duties of the landlord under this Act, the bylaws and the rules for the term of the lease.
(3) Before exercising any powers of the landlord, the tenant must have given to the strata corporation written notice of the assignment referred to in subsection (2), stating the name of the tenant and the time period during which the lease is effective.
(4) The strata corporation must give a copy of the notice referred to in subsection (3) to the landlord and to the owner.
(5) The assignment does not include an assignment of the landlord's responsibility under section 131 for fines or the costs of remedying a contravention of the bylaws or rules.
(6) The tenant must not, without the owner's consent, exercise any power or right of an owner
(a) to acquire or dispose of land,
(b) to cancel or amend the strata plan, or
(c) to do anything that would affect the owner's interest in the strata lot, common property or land that is a common asset.
(7) The landlord must not deal with his or her interest in the strata lot, common property or land that is a common asset in a way that unreasonably interferes with the rights of the tenant under the lease or assignment.
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Old 01-24-2013, 10:25 AM   #8
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Make sure that you get EVERYTHING in writing. And be careful, as you run the chance of pissing people off. You may get around this, but your neighbors that feel offended will switch to "death by 1000 cuts" mode. Start dinging you for everything they can.

The beauty of a strata is it gives everyone a voice...and they use it!
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