Stratas given the power to fine up $1000 per day for AirBnB rentals as of November 30, 2018
Paul G. Mendes, Partner
Phone: 604-685-4894
Email: pgm@lmlaw.ca
Finally, some welcome relief for strata owners struggling with an AirBnB operation next door.
After consulting with stakeholders and strata lawyers, the BC Government has announced a significant change to the Strata Property Act. Under the new regulations, which take effect November 30, 2018, stratas will be able to fine owners and tenants who contravene short-term use restriction bylaws up to $1000 per day. No, that is not a typo.
Currently, strata corporations may restrict or ban short-term rentals, and fine owners or residents who don’t comply up to $200 per week. The new maximum fine is being introduced to discourage unwanted short-term rental activity. According to the government’s media release, “short-term rentals have put significant pressure on vacancy rates, rents and home prices for people around British Columbia. Short-term rentals can also sometimes mean unacceptable levels of noise, damage to common property, and security issues in strata communities.”
According to Tony Gioventu, executive director, Condominium Home Owners Association of B.C., “The new regulations will help define short-term commercial use as a different function than rentals, and provides some very real consequences for the violators…. For those strata corporations who prohibit short-term use, this is a valuable amendment. It will require strata corporations to amend their bylaws at a general meeting to permit the higher penalties, which in turn will provide the strata with a great opportunity to make sure the strata’s bylaw complies with provincial legislation.”
The change will take effect on Nov. 30, 2018, to allow short-term rental operators time to adjust bookings and comply with a strata’s short-term rental bylaws. Strata’s wishing to amend their bylaws to allow for the new maximum fine should seek legal advice on how to implement and enforce the new maximum fine.
To read the government release on this story, click here: https://news.gov.bc.ca/releases/2018MAH0093-001419
To read the new regulation, click here: https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/strata-housing/418-2018_oic_pdf_strata_str.pdf
WHAT WE DO: Lesperance Mendes has been advising and representing strata corporations and strata owners on all aspects of bylaw enforcement matters since 1997. If you or your strata are dealing with a short-term rental restriction problem, let us help you solve it. Contact Paul G Mendes, Partner at 604-685-4894 or email Paul at pgm@lmlaw.ca.
THIS ARTICLE IS NOT LEGAL ADVICE: This article provides general information and should not be relied on without independent legal advice.