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Advisory

Advisory

Amendments to the Strata Property Act
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Date
28 November 2022
Advisory Number
22-047
Distribution
Real Estate Professionals

Purpose

On November 21, 2022, the Office of the Premier announced changes to the Strata Property Act (“SPA”) impacting strata properties in British Columbia. This communication is intended to inform real estate licensees and other interested parties of what these recent changes mean in relation to:

  • Banning of strata rental restriction bylaws;
  • Limiting age-restriction bylaws in strata housing so that the only permitted age restriction is 55 and over; and
  • Making electronic meetings a permanent option for strata corporations.


Other amendments to SPA include repealing the requirement for an owner developer to file a rental disclosure statement (Form J) to explain strata rental rights, expanded requirements for a notice of an annual or special general meeting of a strata corporation, and repealing the requirement for an information certificate to include the number of rented strata lots in a strata plan.

These legislative changes came into effect on November 24, 2022 and apply to both new and existing strata bylaws.

Impact of Changes on Licensees

As a strata management services licensee, you should:- Advise your strata corporation clients that SPA has been amended;
- Review the updated requirements in section 45(3) of SPA if preparing a notice of an annual or special general meeting of a strata corporation; and
- Seek instructions from your client in relation to whether amendments to the strata corporation’s bylaws are required to remove any unenforceable bylaws or any bylaws that contravene SPA.
As a trading services licensee, you should:- Advise your clients, where relevant, that SPA has been amended;
- Review strata bylaws (for re-sale strata lots) and/or consumer disclosure statements (for pre-sale strata lots/strata lots purchased from a developer) and advise your clients to seek legal advice if they contain restrictions that are no longer compliant with SPA; and
- If you are currently working with a client that is under contract to purchase a rental or age restricted property, advise them that SPA has been amended and that they may wish to seek legal advice.
As a rental property management services licensee, you should:- Advise your clients that SPA has been amended; and
- Ensure rental agreements that you manage on behalf of your clients comply with the amended legislation.

Additional Information

To learn more, please refer to:

If you have questions about this Advisory, contact BCFSA’s practice standards advisors.