How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Legal Ease Your Own Question
Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 97489
Experience:  Lawyer
10263656
Type Your Canada Law Question Here...
Legal Ease is online now
A new question is answered every 9 seconds

When I bought my townhouse in Victoria, BC, eight years ago,

Customer Question

When I bought my townhouse in Victoria, BC, eight years ago, the bylaws allowed us to rent it out 6 months out of every year.
New bylaws are being created and they want to place restrictions so that owners may not lease, license, or rent their strata lot.
Is there any way that I could get the 6 month rental grandfathered into the new bylaws?
Submitted: 1 month ago.
Category: Canada Law
Customer: replied 1 month ago.
please email response to***@******.***
Expert:  Legal Ease replied 1 month ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Legal Ease replied 1 month ago.

I am sorry to hear this.

Will this cause you hardship if you cannot rent 6 months of the year?

Customer: replied 1 month ago.
I travel and have a renter stay in my home while I am away. This helps to pay the mortgage.
Expert:  Legal Ease replied 1 month ago.

The way the grandfathering provisions work is that they by-law will not apply to you until one year after a tenant who is occupying the strata lot at the time the bylaw is passed ceases to occupy it as a tenant or one year after the bylaw is passed.

So have this time to adjust what you need to do but the right to rent for six months cannot be grandfathered in.

However, you can make claim for hardship.

You should read the information found here:

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

You may be able to succeed by claiming hardship.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Expert:  Legal Ease replied 1 month ago.

Is there anything more I can help you with at this point in time?