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Exploring Age Restriction Bylaws

Exploring Age Restriction Bylaws

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.

5 Tips For Using Social Media as a Strata Owner

5 Tips For Using Social Media as a Strata Owner

 5 Tips for Using Social Media Effectively as a Strata Owner

As a strata owner, you’re automatically a part of a community. And like any good community, communication is key to making sure everything runs smoothly. Thanks to the internet, gone are the days of having to rely on paper notices or in-person meetings to get information out to your fellow strata owners. But with this increased convenience comes the need to be more mindful about how you use social media to communicate with your strata. Here are 5 tips for using social media effectively as a Strata Owner.

1. Use private groups or forums instead of public pages.

One of the great things about social media is that it allows you to easily connect with other people who have similar interests. When it comes to your strata property, this means you can join online groups like B.C. Strata Living on Facebook or forums for strata owners like StrataCommons.ca, where you can ask questions and get advice from other strata owners. But beware of using public pages instead of private groups or forums — anything you post on a public page is fair game for anyone on the internet to see, which could lead to security risks for your strata property if used incorrectly.

2. Be Active and Engaged.

Once you have joined a group or forum, be sure to participate regularly. Don’t just sit back and read what other people are saying—contribute to the conversation! The more active you are, the more likely you are to get helpful advice from other members of the group. Be sure to stay on topic and keep it relevant.

3. Ask Questions!

One of the best things about social media is that it provides a platform for you to ask questions and get answers from experts in real-time. Don’t be afraid to reach out to your peers for help when you need it. Chances are, someone has already gone through what you’re going through and can offer some valuable insights. Questions should be about a topic that is within the scope of the Strata Property Act; other relevant legislation; and living in a BC Strata Corporation.

4. Use social media to stay up-to-date on strata news.

In addition to using private groups and forums, another great way to use social media as a strata owner is to follow official strata pages or accounts. This way, you can stay up-to-date on any news or updates that might affect your strata property without having to sift through lots of irrelevant information. Use Google Alerts to get email notifications when new results for a topic show up in Google Search.

5. Be respectful and considerate when posting online.

Just as you would in real life, it’s important to be respectful and considerate when communicating with your fellow strata owners online. This means not posting anything that could be considered offensive or inflammatory, as well as being mindful of other people’s privacy by not sharing personal information without permission. If you wouldn’t say it in person, don’t say it online!

Social media is a powerful tool – but only if used correctly. As a strata owner, you can use social media platforms like Facebook to stay up-to-date on news affecting your property, join private groups and forums for advice from other owners, and even follow official pages or accounts for timely updates. Just remember to be respectful and considerate when posting online, and always err on the side of caution by keeping personal information private. By following these simple tips – joining relevant groups and forums, being active and engaged, and asking questions – you can effectively use social media as a strata owner to get the information and advice you need.

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.

3 Trends for Strata Owners

3 Trends for Strata Owners

For Strata Owners, it’s important to be up-to-date on the latest trends in the industry. This helps you make informed decisions about your property and stay ahead of the curve. Strata living has been on the rise in recent years, as more and more people are discovering the benefits it has to offer. For those who want the security of ownership without the hassle of maintaining a large property, strata living is the perfect solution. And with the strata market booming, there are more options than ever before for those looking to make the switch.

Looking to the future, strata living is poised to become even more popular. As more people seek out low-maintenance lifestyles, strata living will become an increasingly attractive option. And with advances in technology, strata properties will only become more efficient and easier to manage. So if you’re thinking about making the switch to strata living, now is the perfect time!

Here are three trends that we predict will shape the future of strata living for Strata Owners.

1. Residents are motivated by premium lifestyle offerings.
One trend we’re seeing is that residents are increasingly motivated by premium lifestyle offerings. They’re looking for properties that offer amenities like gyms, pools, and concierge services. They want to be able to enjoy a luxurious lifestyle without having to leave their building. This is especially true for young professional strata owners and empty-nesters who are downsizing from a house.

2. Residents are socially & environmentally conscious.
Another trend we’re seeing is that Strata Owners are becoming more socially and environmentally conscious. They’re looking for properties that have green features like solar panels and electric car charging stations. They also want to live in buildings with social programs like community gardens and dog-walking groups. This is especially true for millennials who are just starting out in their careers.

3. Residents are seeking easy care & low maintenance.
Finally, we’re seeing a trend towards easy care and low maintenance living. Residents are looking for properties that require little upkeep and aren’t time-consuming to manage. This is especially true for busy professionals who don’t have the time or energy to deal with complex strata issues.

Conclusion:
These are just a few of the trends we predict will shape the future of strata living. for Strata Owners, it’s important to be aware of these trends so you can make informed decisions about your property. Stay ahead of the curve by keeping up-to-date on the latest industry news!

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.