Strata corporations must exercise care in the adoption of bylaws that set conditions or restrictions and do not necessarily reflect the definitions of the Strata Property Act or Regulations.
Dear Tony: Our strata corporation has a set a minimum of 30 days for any rentals, otherwise they will be deemed to be a short-term rental and subject to fines and penalties.
How do we fix this problem? Our bylaw is the same as the City of Vancouver, but that does not seem to have any effect.We often have the impression that by adding limitations or restrictions, we may be creating a stronger or more enforceable bylaw with fewer exemptions. If we look at decisions in the courts or the Civil Resolution Tribunal in B.C., we discover this is the opposite effect.
A similar condition also exists in bylaws that apply to damages, insurance deductibles and claims. An insurance bylaw is recommended for strata corporations to ensure everyone is aware of the personal insurance obligations and the likelihood that they will be responsible for a deductible in the event they are found responsible for a claim.
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