Increased fines for short-term accommodation strata bylaws in force today

Back in July the ministry of municipal affairs and housing announced that it was amending the Strata Property Regulation to address concerns about short-term accommodation. These amendments have come into force today. They replace the existing section 7.1 of the regulation with a new provision that includes a special category of maximum fines for “a bylaw that prohibits or limits use of all or part of a residential strata lot for remuneration as vacation, travel or Read more

Using strata lot for short-term accommodation wasn’t a breach of strata’s residential-use, rental bylaws: BC Supreme Court

In Semmler v The Owners, Strata Plan NES3039, 2018 BCSC 2064, the Supreme Court of British Columbia found that a strata-lot owner’s use of her strata lot for short-term accommodation didn’t violate two strata-corporation bylaws, one of which forbade the use of a strata lot for “any business purpose” and the other of which stated “No strata lot may be rented for term of less than thirty (30) consecutive days.” The case turned largely on Read more

Spotlight on strata insurance: Should the Strata Property Act require a strata corporation to inform the owners and tenants as soon as feasible of any material change in insurance coverage?

BCLI is running a public consultation on insurance issues for stratas. It is asking for public input into its proposed changes to the Strata Property Act , Strata Property Regulation , and Schedule of Standard Bylaws. For information on how to participate in the consultation please visit the Strata Property Law Project—Phase Two webpage. This post is part of a series that spotlights issues discussed in the Consultation Paper on Insurance Issues for Stratas . Read more

Western Australia passes reforms to its strata-property legislation

The Government of Western Australia and Landgate have announced the passage of new strata-property legislation for the Australian state. The Strata Titles Amendment Bill 2018 (PDF) is the culmination of a lengthy reform process spearheaded by Landgate (Western Australia’s land-title authority). The bill’s explanatory memorandum (PDF) spells out the range of this legislation, which addresses an array of legal issues including: new statutory duties for strata managers; enhanced management standards for strata corporations; voting and meeting reforms; Read more

BC Supreme Court directs an assessment of strata corporation’s reasonable legal costs for remedying a contravention of its age bylaw

In The Owners, Strata Plan NWS3075 v Stevens, 2018 BCSC 1784, the BC Supreme Court considered a strata corporation’s request for an order that the respondent strata-lot owner “pay its actual legal fees, other fees and disbursements pursuant to s. 133 of the Strata Property Act.” Section 133 allows a strata corporation to “do what is reasonably necessary to remedy a contravention of its bylaws or rules.” The court granted the strata corporation its order, and referred Read more