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I own a condo in Richmond BC. I lived in the condo for over…

I own a condo in...

I own a condo in Richmond BC. I lived in the condo for over 1 year then decided to rent it and move to Ontario to be closer to my elderly mother. I went through all the proper procedures with the strata, I had approval to rent, I also hired a property management firm to take care of renting my property while I am away. The tenant the property management firm found me was great but had to give notice that they will be moving due to job relocation. This was at the end of August 2013, they will be out by the end of Sept. In the meantime the property management firm found me another tenant but wanted to know if I had to apply again to strata for approval to rent. I didn't think that I did but found out that I do need approval again from council. My strata has a limit on the amount of units that can be rented, and it seems the spots are all taken and I am on a waiting list. So now my condo will sit vacant until I have approval from council.
-I was never made aware that I would have to re-apply to strata to rent for each tenant.
-I cannot seem to get a straight answer to where I am on this list. I have no idea if I am first or 10th.
-I cannot afford to have my condo sit vacant. I am on disability and have a limited income.
-I can't afford to sell my condo because I will loose every cent that I have invested in it.
-I have also thought about applying for hardship but from everything I have read it appears to be almost impossible to get.

I don't know what to do, am I at the point where I need to seek legal advise or is there nothing I can do but wait.

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Answered in 35 minutes by:

9/25/2013

Lawyer: Debra, Lawyer replied 9 years ago

Debra, Lawyer

Category: Canada Law

Satisfied Customers: 147,347

Experience: Lawyer

Verified

What do your bylaws say about this exactly?

Customer reply replied 9 years ago

This is a form posted on the website.

PROCEDURE FOR RENTING
LMS2166
1) LMS2166 Bylaws Limit Rental Units to a Maximum of 30.
2) They need to request in writing to Wynford to apply for Rental
Approval.
3) The Strata Council manages the list.
4) Once given permission, they have 90 days to rent, if not rented
they must re-apply.
They do not stay on the list past 90 days once they have been
granted permission to rent.
5) If there was a waiting list, it would go by first person on the list
by date request is received gets to rent when a opening is
available.
6) They must follow the Bylaws, Form K registration.

This is the strata bylaw:

Rental Restriction
45. (1) The Strata Corporation may limit the number of Strata Lots within the Strata Plan
that may be leased by Owners.
(2) The number of Strata Lots that may be leased by Owners is hereby limited in the
following manner: the number of Strata Lots that may be leased by Owners shall
be limited to thirty (30) units, exclusive of the Strata Corporation owned suite.
Despite the foregoing, all Owners on record as of September 15th, 1997 shall be
entitled to rent their Strata Lots indefinitely.
(3) “Lease” when used in this Bylaw includes a tenancy from month to month.
(4) Owners shall not allow Tenants to use the Strata Lot for any illegal, immoral or
improper purpose or any purpose which might adversely affect the reputation of
the building, or its Owners and no person shall be permitted access to the building
after notice to that effect has been given by the Strata Corporation.

Lawyer: Debra, Lawyer replied 9 years ago

But where does it say you need to reapply if you are simply having a new tenant in the same premises without any gap etc?

Customer reply replied 9 years ago

That's exactly what I've been trying to find. I can't find anything that states that either. This is what i've been told by the strata.

Lawyer: Debra, Lawyer replied 9 years ago

Ask them to provide the by-law and when they do provide it to me.

From what you've showed me there is nothing that says you need to get consent for changing a tenant as that's all you are doing.

Customer reply replied 9 years ago

I have left a message to have the bylaw emailed to me.

Lawyer: Debra, Lawyer replied 9 years ago

OK

Whenever you get it just reply to me then.

There is no rush.

Customer reply replied 9 years ago

thanks for your help

Lawyer: Debra, Lawyer replied 9 years ago

Anytime.

Customer reply replied 9 years ago

I have still not received anything in writing but now the strata corp for the building are back-tracking on my situation. Apparently the strata had a meeting and will not be asking me ever again to apply to rent my unit. Which is great news but I still loose a months rent at the least.

thanks

Lena

Lawyer: Debra, Lawyer replied 9 years ago

At least you will be OK! I am thrilled to hear that.

Debra, Lawyer

Category: Canada Law

Satisfied Customers: 147,347

Experience: Lawyer

Verified

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