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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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My strata said I can't rent my townhouse unit I owned it

Customer Question

My strata said I can't rent my townhouse unit I owned it for 18 months I very been employed for 6 months now and having a very hard time fees have gone up has well, there is about 35 units in my complex and 4 units are being rented out!!!
My question is do I have the right do rent out my unit,
Thanks Brando
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.

When you bought this unit did you know about the rental restrictions.

And have you put in an application to the council for undue hardship consideration?

Customer: replied 1 year ago.
They did say no rentals but I never thought I would be in this situation, and no I have no put application in ,one strata member harasses my guess and even ask my mom if they are renting!, the complex is self managed . I can the other unit rent ? I was told grandfather clause is fare to other owners
Expert:  Legal Ease replied 1 year ago.

You can apply to the Strata Council to be granted an exemption from a rental bylaw on the grounds of hardship pursuant to Section 144 of the Strata Property Act.

The law is that they cannot unreasonably without their consent.

If they do you can take them to court and get an order allowing the rental.

But you have to apply to them in writing and explain why you are facing undue hardship if they don't allow the rental.

Customer: replied 1 year ago.
I know this but court cost money which I don't have!,,, I thought in British Columbia stratas couldn't prevent owners from renting what ever the situation This there a legal application form I need to fill out ?
Customer: replied 1 year ago.
Is there still such a thing called a grandfather clause? And can it be challenged? Because as I mention before 4 units are being rented in my complex
Expert:  Legal Ease replied 1 year ago.

That is not correct. They can restrict rentals.

Ask the secretary of the council to give you the form they want you to fill out.

Otherwise you can send them a letter.

This webpage has all the information you will need. It explains what you need to show and about demanding they conduct a hearing if you want one:

http://www2.gov.bc.ca/gov/content/housing-tenancy/strata-housing/operating-a-strata/bylaws-and-rules/rental-restriction-bylaws

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