What happens when my tenant violates the bylaws?
All owners/residents are required to adhere to Strata Corporations rules and bylaws. In a previous post we discussed section 129 of the Strata Property Act outlining what actions a strata has when enforcing rules and bylaws.
When a Strata Corporation finds a person in violation of the rules or bylaws they must follow the process outlined in section 135 of the Strata Property Act. What this section identifies is what actions the Strata must perform before applying section 129.
First a complaint must be received by the Strata Corporation identifying the violation. A complaint received by the Strata Corporation isn’t required to be in writing.
The strata must then provide the owner/tenant/resident with the particulars of the complaint in writing and provide a reasonable opportunity to answer the complaint. Answering the complaint can be a written reply to strata or requesting a hearing before the council regarding the complaint. All residents including tenants have the right to request a hearing before council. A hearing gives you the opportunity to explain to the council your position on the matter. After a hearing council must “as soon as feasible” provide a written response before applying the options outlined in section 129. As a Landlord, this is why it is imperative you inform tenants of rules and bylaws to ensure they are in compliance during their tenancy. Providing the tenants with the form K and copies of the rules and bylaws prior to occupying the unit is vital to a positive tenancy.
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Can I rent my strata lot?
Before renting your strata lot you should ensure you have the right to rent your strata lot. How do you know if you're allowed to rent? The first place to look is your Strata Corporation bylaws. Every Strata Corporation has bylaws and should have a section for rentals. In the rental section it will outline how many units are allowed to be rented and how the Strata Corporation administers the approval process. After granting permission the Strata Corporation should advise in writing you have been approved to rent your strata lot.
If your Strata Corporation doesn’t have a bylaw restricting rentals you should be allowed to rent. Owners should confirm with the Strata Corporation to ensure they have read the bylaws correctly.
If your strata lot was built after December of 2009 you should review the Form J for your strata lot. Properties built in 2010 and beyond have restrictions on when they can implement rental restriction bylaws indicated by a time frame stated on the Form J.
Strata Corporations with rental restrictions could still permit renting your property, as the Strata Property Act outlines certain exemptions. Sections 142 and 144 of the Strata Property Act outlines allowable exemptions when a rental restriction bylaw exists.
One exemption is “family”, the definition of family is identified in the section 8.1 of the Strata Property regulations. Family includes immediate family of the owner, a spouse, a child or parent of the owner or spouse. This description of family excludes siblings, cousins and other family members.
Hardship is another exemption for allowing rentals. This is a process where an owner applies to the Strata Corporation requesting permission to rent due to hardship. Strata Corporations would review the application and decide if they will allow the rental for hardship reasons.
Even a building with a rental restriction could have many renters. Review your documents and confirm with your Strata Corporation before renting your Strata lot.
Looking for Property Management you can find more information about us at: www.cartrefproperties.com
Rental Application fees
Searching for a tenant takes time and effort to find the right people for your property.
First you must advertise your property and show it to prospective applicants. Prospects will submit an application and Landlords will need to check references, perform credit checks and determine if the applicant is suitable for the property. All of this work takes time, and some Landlords want to charge a fee for this time.
Part two section 15 of the Residential Tenancy Act in BC prohibits Landlords from requiring a deposit or charging a fee for accepting or processing the rental application, investigating an applicant's suitability or accepting the tenant. What this means is a Landlord is not entitled to be directly compensated for these efforts. Rent for the property will need to cover these anticipated costs for Landlords. I have seen some Landlords state the fee will be added to the rent or deposit when the tenancy is accepted, this is inappropriate and not in accordance with the Residential Tenancy Act.
Asking a potential tenant to provide an amount of money could deter quality tenants from applying because they are informed of the law. Landlords could find themselves in a Residential Tenancy Board hearing if an applicant submitted their application fee, then wasn’t selected to rent the unit.
Being a Landlord is equivalent to owning a business. If you owned a retail store, restaurant or other business and required potential employees pay a fee for submitting their application you would limit your choice significantly. Quality employees would look elsewhere and your business wouldn’t perform as you would expect. Requesting a fee for the application to rent would provide the same results, and tenancy that wasn’t what you expected.
Landlords should take the appropriate time to investigate thoroughly each applicant's suitability for renting their property, in a manner which is in accordance with the Residential Tenancy Act. Failure to adhere to Tenancy Laws in BC often creates issues between Landlords and Tenants.
Looking for Property Management you can find more information about us at: www.cartrefproperties.com
Bylaws what are they? And why do my tenants need to follow them?
What are Bylaws in a Strata Corporation and why do you need to adhere to them?
Each Strata Corporation is like a small government and the bylaws are the regulations or guidelines as to how residents of a building agree to operate the building. Every Strata Corporation begins with the Standard bylaws outlined in the Strata Property Act. Bylaws may only be amended by owners voting at General Meetings to amend or add bylaws.
All residents including owners, tenants and guests of residents are required to adhere to the bylaws. If an owner invites a guest to the property the owner is responsible for the actions of the guest while they are at the property. It is important owners, tenants and all residents read and understand the bylaws of their Strata Corporation. Strata Corporations have an obligation to enforce bylaws when complaints are submitted. If your actions are considered an infraction of the bylaws your Strata Corporation may be in a position to take action against you for violating the bylaws.
Division 3 of the Strata Property Act outlines the enforcement of the bylaws. Section 129 states the options a strata may take regarding bylaw enforcement. Under section 129 Strata Corporations have three options. They can impose a fine, remedy a contravention or restrict access to a recreation facility. How does this affect renting my property?
As the owner and landlord it is imperative you read and understand the bylaws of your Strata Corporation. Landlords have a responsibility to inform tenants (see what is a form K post) of the bylaws when they rent their strata lot. All residents including owners, tenants and guests are expected to adhere to the bylaws. Landlords have a responsibility to ensure tenants have the correct information required for compliance with the bylaws. Landlords also have an obligation to inform tenants when the bylaws are amended or new ones added.
Prior to taking actions of applying section 129 Strata Corporation must follow the requirements of section 135. We will explore this section more in a future post.
Many disputes in Strata Corporations arise over the interpretation, miss understanding or ignorance of bylaws. Take time to read and understand your bylaws, attend your general meetings and become informed about your Strata Corporation.
Looking for Property Management you can find more information about us at: www.cartrefproperties.com
Whose home is it?
Renting a property you own brings many emotions and feelings. My experience has seen many people who own a property they live in and then rent, struggle seeing other people reside at their property. Owners have asked me to instruct tenants how to decorate the property, don’t let them put too much furniture in the unit, tell them they are not allowed to hang pictures on walls, and how to clean the unit. All good intentions.
The definition of a home is “a house, apartment, or other shelter that is the usual residence or a person, family or household”. Landlord’s own the property, but when a tenant occupies a rental unit it becomes their “home”. Each person will arrange a home differently and tenants have the right to make the rental unit feel like home.
When Landlords allow emotions into managing their property it can lead to mistakes and errors which could violate tenants rights. When a tenant occupies the rental unit and it becomes their “home” they have rights a landlord must adhere to. It has been my experience that when both parties follow the law and respect each others rights Landlords and tenants have a successful tenancy.
As a Landlord it may be difficult viewing your property when other people live there. In this case it would be prudent to utilize a property manager eliminating emotions and feelings of managing your property.
Looking for Property Management you can find more information about us at: www.cartrefproperties.com
