Exploring Age Restriction Bylaws

by StrataPress | Jan 2, 2023 | Strata Living, Strata Owners, Strata Property Act, Trends

As strata owners, realtors, lawyers and homeowners battle the effects of escalating housing costs in British Columbia’s hyper-competitive market, one solution has come to the forefront: implementing age restriction bylaws.

These types of restrictions can be used by both strata corporations and local governments as a tool for creating more accessible housing. However, with great power comes great responsibility – before making any decisions involving age restriction bylaws, it is important that stakeholders familiarize themselves with relevant legislation in order to ensure compliance.

When a strata council is deciding whether to put age restriction bylaws to a ¾ vote of the owners, the strata council must consider and weigh the needs of both current and potential future residents when deciding whether to introduce age restriction bylaws. there are practical and legal considerations to take into account as well. One practical consideration is that an age restriction bylaws may impact the number of owners willing to serve as strata council members. This is because some retirement complexes have many owners who are away for the winter months. Another practical consideration is whether age restriction bylaws will increase or decrease the purchase price of the suites in the building. Conversely, in complexes with recreational facilities close by as well as access to shopping or public transport but without schools or playgrounds nearby, introducing such restrictions could prove beneficial – helping attract like-minded individuals likely seeking similar amenities from their homes.

In assessing the impact an age restriction bylaw will have on the value of the suites, the strata council may wish to consult a realtor.

There are legal considerations to take into account when deciding whether to put an age restriction bylaw to a ¾ vote of the owners. One legal consideration is whether an age restriction bylaw is constitutional. The Supreme Court of Canada has held that age discrimination is a reasonable and justifiable limitation on the right to freedom of association under section 2(d) of the Charter of Rights and Freedoms. This means that an age restriction bylaw is likely to be constitutional if it is reasonable and justifiable. A strata council should carefully consider whether an age restriction bylaw is reasonable and justifiable before putting it to a vote of the owners.

Age restrictions are a common way for strata councils to manage the demographics of their buildings, but they are not without controversy. The Strata Property Act sets out a number of requirements that must be met for an age restriction bylaw to be valid. The bylaw must be reasonable and necessary to protect the legitimate interests of the strata corporation, and it must not discriminate against any person on the basis of age or any other ground prohibited by the Human Rights Code.

Another legal consideration is whether an age restriction bylaw will contravene any provincial or federal anti-discrimination laws. For example, British Columbia’s Human Rights Code prohibits discrimination on the basis of age. This means that a strata corporation that restricts ownership or occupancy to persons over a certain age could be found to have contravened this law. Before putting an age restriction bylaw to a vote of the owners, a strata council should ensure that it does not contravene any provincial or federal anti-discrimination laws.

If an owner challenges an age restriction bylaw in court, the judge will consider whether it meets these requirements. If the bylaw is found to be discriminatory or unreasonable, the judge may find it to be unenforceable.

If the strata council decides that an age restriction bylaw would benefit the strata corporation, they should consult their condominium lawyer. If an owner challenges the bylaw in court, the judge will take into account whether it meets the requirements of the Strata Property Act (“Act”), the Human Rights Code and other federal and provincial legislation. If the age restriction bylaw does not meet these requirements, the judge may find the bylaw to be unenforceable.

The Human Rights Code prohibits discrimination against persons purchasing property on the basis of marital status but not on the basis of age. This means that a person cannot be discriminated against when purchasing property based on whether they are married, single, divorced, or widowed. However, a person can be discriminated against when purchasing property based on their age. Age is defined in the Human Rights Code as an age of nineteen (19) years or more and less than sixty-five (65) years. This means that a person who is under the age of 19 years or over the age of 65 years can be discriminated against when purchasing property.

Section 10 of the Human Rights Code lists grounds of discrimination that are prohibited when a landlord is choosing a tenant. Included in the list of prohibited grounds of discrimination is age. Therefore, a landlord cannot discriminate against tenants on the basis of age. At first glance it appears that a strata corporation could enact an age restriction bylaw that prohibits those under the age of 19 years from residing there. However, discriminating against tenants on the basis of family status is also prohibited by section 10 of the Human Rights Code. There is no definition given in the Human Rights Code for “family status”. However, refusing to rent to parents with young children would likely be found by a judge to be discrimination on the basis of family status.

Therefore, strata corporations who wish to enact age restriction bylaws now should consider setting the age limit at fifty-five years of age and older. Exceptions should be made for spouses and visitors. Strata corporations should not only have their age restriction bylaws drafted by a lawyer but the bylaw should be reviewed by a lawyer from time to time as judges will give more direction in the coming years about what age restrictions can be legally enforced by strata corporations.

Even if a strata corporation has a bylaw that prohibits rentals, tenants are always a possibility because an owner must be allowed to rent his or her suite if he or she is under hardship. It may not make sense to apply an age restriction to owners that reside in the building that does not apply to tenants.

Changes to the Strata Property Act are now in efffect. More information via the Vancouver Island Home Owner’s Association

Not Legal Advice - The material provided on the StrataPress website is for general information purposes only. It is not intended to provide legal advice or opinions of any kind and may not be used for professional or commercial purposes. No one should act, or refrain from acting, based solely upon the materials provided on this website, any hypertext links or other general information without first seeking appropriate legal or other professional advice. These materials may have no evidentiary value and should be checked against official sources before they are used for professional or commercial purposes. Your use of these materials is at your own risk.

The Importance of a Strata Depreciation Report

by StrataPress | Nov 2, 2022 | Strata Documents, Strata Property Act

A strata depreciation report is a key document for any strata corporation. It provides valuable information about the common property and assets in the strata, and helps owners to plan and pay for their upkeep and replacement. In this blog post, we’ll discuss practical tips for getting the most out of your strata depreciation report.

What is a Strata Depreciation Report?

A depreciation report is a document prepared by an expert that outlines the repair, replacement and renewal costs of common property and assets in a strata corporation. The report is based on an examination of the property, as well as information provided by the strata corporation.

Why is a Strata Depreciation Report Important?

A strata depreciation report is important because it helps strata lot owners to protect their homes and investments. The report provides valuable information to prospective purchasers, and helps the strata corporation to plan and pay for the upkeep of common property and assets.

Without a depreciation report, stratas would have no idea how much money they need to set aside each year to fund future repairs and replacements. As a result, many stratas would find themselves unable to pay for major repairs when they become necessary, which could lead to significant financial problems down the road.

How a Strata Depreciation Report is Prepared?

The quality of a depreciation report relies on the expertise of the person or company preparing the report and the information provided by the strata corporation. The person or company preparing the report will first inspect the common property and assets in question. They will then use this information to estimate how much it would cost to repair or replace each item if it was damaged beyond repair or reached the end of its useful life.

Once this information has been gathered, it is compiled into a report which is then presented to the strata council. The strata council will use this information to develop a long-term financial plan to fund major repairs and replacements when they become necessary.

What are the Strata Depreciation Report Requirements?

Under the Strata Property Act and regulations in British Columbia, strata corporations with five or more lots must obtain depreciation reports. This includes bare land subdivision as well other kinds of property governed by this act. Every three years they will be required to update their last report. Strata corporations may waive the requirement to obtain a depreciation report, or defer a renewal, by passing an annual 3/4 vote. The strata corporation has six months to obtain a strata depreciation report if an annual 3/4 vote to waive the requirement is not passed.

As per Strata Property Regulation 6.2, a depreciation report must have certain content, including Physical Component Inventory and Evaluation, a Financial Forecasting section and depreciation reports must also include a summary of the repair and maintenance work for common expenses that occur less often than once year (i.e. contingency reserve fund expenses), the date of the report as well as any other appropriate information or analysis that the strata corporation or the person providing the depreciation report considers appropriate.

How to Get the Most Out of Your Strata Depreciation Report.

The Strata Property Act and regulations do not designate which professions can prepare depreciation reports. Stratas can obtain depreciation reports from a variety of professionals. There are a few things you can do to make sure you’re getting the most out of your depreciation report:

Make sure you hire a reputable expert to prepare the report. The quality of the depreciation report relies on the expertise of the person or company preparing the report.
Make sure you provide accurate information to the person preparing the report. The depreciation report is only as accurate as the information provided by the strata corporation.
Review the depreciation report carefully and make sure you understand it before making any decisions about repairs, replacements or renewals.
Use the depreciation report as a starting point for planning and budgeting for future repairs, replacements or renewals.
Keep in mind that the strata depreciation report is a snapshot in time, and things may have changed since it was prepared. Be sure to keep it up to date so that it accurately reflects the current state of affairs.

A strata depreciation report is an important tool for any strata corporation. It helps owners to protect their homes and investments, provides valuable information to prospective purchasers, and helps the strata corporation to plan and pay for future repairs, replacements and renewals. By following these practical tips, you can make sure you’re getting the most out of your depreciation report.

Not Legal Advice - The material provided on the StrataPress website is for general information purposes only. It is not intended to provide legal advice or opinions of any kind and may not be used for professional or commercial purposes. No one should act, or refrain from acting, based solely upon the materials provided on this website, any hypertext links or other general information without first seeking appropriate legal or other professional advice. These materials may have no evidentiary value and should be checked against official sources before they are used for professional or commercial purposes. Your use of these materials is at your own risk.

Gaining Access to a Strata Corporation Documents

by StrataPress | Oct 25, 2022 | Strata Documents, Strata Property Act

When considering the purchase of a strata unit, it is important to obtain information about the strata corporation in order to make an informed decision. The strata documents, which include the bylaws and financial statements, can provide valuable insights into the strata corporation’s operations. In addition, minutes of meetings and other records can provide helpful information about strata council decisions and activities. As such, it is important to consult with a strata lawyer or strata manager to ensure that all necessary information is obtained before making a purchase.

A Strata Corporation’s financial and other records may be accessed by a potential buyer in a few ways.

Firstly, all strata documents are typically available for perusal by the public at the strata office. Secondly, if an individual is considering purchasing a strata unit, they may request to view the strata’s bylaws, financials, and minutes of council meetings from the strata corporation. Thirdly, some strata corporations post select information (e.g. meeting minutes, agendas) on their website or online bulletin board for owners and residents to view. There are also services like StrataPress.com that enable you to obtain documents easily online.

Finally, most strata corporations welcome questions from owners and prospective purchasers alike; thus, another route to gaining access to needed information would be to simply ask the strata council for the records in question. In sum, there are several methods by which a potential buyer may gain access to a Strata Corporation’s financial and other records.

The Strata Property Act entitles owners, or their delegates, authorized in writing, to inspect and obtain copies of all of the strata corporation’s records listed in Section 35 of the SPA. If an owner authorizes a buyer, in writing, to inspect the strata corporation’s records or to obtain copies of them, the corporation must allow the buyer to inspect and purchase copies of the records specified. Typically, a buyer obtains the owner’s authorization by negotiating a suitable provision in the parties’ contract of purchase and sale. If the buyer cannot inspect the records before signing a purchase agreement, they may require a contingency clause in that agreement.

For more information, check out the Strata Property Act Section 36 and Strata Property Act Section 35.

Not Legal Advice - The material provided on the StrataPress website is for general information purposes only. It is not intended to provide legal advice or opinions of any kind and may not be used for professional or commercial purposes. No one should act, or refrain from acting, based solely upon the materials provided on this website, any hypertext links or other general information without first seeking appropriate legal or other professional advice. These materials may have no evidentiary value and should be checked against official sources before they are used for professional or commercial purposes. Your use of these materials is at your own risk.

B.C. Strata Property Act – Section 35

by StrataPress | Dec 29, 2021 | Strata Living, Strata Property Act

The Strata Property Act requires transparency on the part of a strata corporation. This transparency is an important part of the democratic governance system create by the legislation. Under section 35 of the Strata Property Act, a strata corporation must prepare and maintain the following records:

STRATA PROPERTY ACT [SBC 1998] CHAPTER 43 Part 4 — Strata Corporation Governance Division 1 — The Council

Section 35 (1)

The strata corporation must prepare all of the following records:

(a) minutes of annual and special general meetings and council meetings, including the results of any votes;

(b) a list of council members;

(c) a list of

(i) owners, with their strata lot addresses, mailing addresses if different, strata lot numbers as shown on the strata plan, parking stall and storage locker numbers, if any, and unit entitlements,

(ii) names and addresses of mortgagees who have filed a Mortgagee’s Request for Notification under section 60,

(iii) names of tenants, and

(iv) assignments of voting or other rights by landlords to tenants under sections 147 and 148;

(d) books of account showing money received and spent and the reason for the receipt or expenditure;

(e) any other records required by the regulations.

(2) The strata corporation must retain copies of all of the following:

(a) the records referred to in subsection (1);

(b) the registered strata plan and any strata plan amendments as obtained from the land title office;

(c) this Act and the regulations;

(d) the bylaws and rules;

(e) resolutions that deal with changes to common property, including the designation of limited common property;

(f) waivers and consents under section 41, 44 or 45;

(g) written contracts to which the strata corporation is a party;

(h) any decision of an arbitrator or judge, or of the civil resolution tribunal, in a proceeding in which the strata corporation was a party, and any legal opinions obtained by the strata corporation;

(i) the budget and financial statement for the current year and for previous years;

(j) income tax returns, if any;

(k) correspondence sent or received by the strata corporation and council;

(l) bank statements, cancelled cheques and certificates of deposit;

(m) Information Certificates issued under section 59;

(n) the records and documents referred to in section 20 or 23 obtained by the strata corporation;

(n.1) any depreciation reports obtained by the strata corporation under section 94;

(n.2) any reports obtained by the strata corporation respecting repair or maintenance of major items in the strata corporation, including, without limitation, engineers’ reports, risk management reports, sanitation reports and reports respecting any items for which information is, under section 94, required to be contained in a depreciation report;

(o) any other records required by the regulations.

(3) Records referred to in this section must be retained by the strata corporation for the periods set out in the regulations.

Source: https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/98043_04

Not Legal Advice - The material provided on the StrataPress website is for general information purposes only. It is not intended to provide legal advice or opinions of any kind and may not be used for professional or commercial purposes. No one should act, or refrain from acting, based solely upon the materials provided on this website, any hypertext links or other general information without first seeking appropriate legal or other professional advice. These materials may have no evidentiary value and should be checked against official sources before they are used for professional or commercial purposes. Your use of these materials is at your own risk.