CONDO Q: Questions answered on condo and strata living

New column graces pages of Victoria News, Goldstream News Gazette and Real Estate Review

What is Condo Q?

This is a new feature exclusively available in Black Press community newspapers.  It is written by volunteers familiar with the Strata Property Act and strata living, from the Vancouver Island Strata Owners Association.

VISOA provides services to all stratas in B.C. It is an independent, non-profit organization that was formed in 1973 and is supported solely by membership fees. Membership is open to all residential strata corporations that have registered with the B.C. Land Title Office.

• Provides information to assist strata lot owners and strata councils in the management of their strata corporations.

• Advances the interests of strata corporations and strata lot owners to provincial, regional and municipal governments.

• Provides information and offers educational seminars on all aspects of strata management.

If you have a question on strata living, send an email to condoQ@visoa.bc.ca and you may see your question answered in the column, although not every question can be answered due to space limitations.

•••

Dear Condo Q: My condo building has a 55-plus age restriction. The strata council is proposing to change our bylaw to a 45-plus age restriction. Is that allowed? I thought human rights legislation said the only age restriction a strata could have is “seniors only.”

P. Walters, Sidney

Condo Q answers: The Strata Property Act was amended in 2009 to permit strata corporations to apply any age restriction to all owners, tenants, residents and occupants. The relevant section of the SPA is section 123, subsection (1.1).  Section 123 of the Act is copied below for your reference.

Limits to pet and age bylaws

123  (1) A bylaw that prohibits a pet does not apply to a pet living with an owner, tenant or occupant at the time the bylaw is passed and which continues to live there after the bylaw is passed.

(1.1) Without limiting a strata corporation’s power to pass any other bylaws, a strata corporation may pass a bylaw that restricts the age of persons who may reside in a strata lot.

(2) A bylaw that restricts the age of persons who may reside in a strata lot does not apply to a person who resides in the strata lot at the time the bylaw is passed and who continues to reside there after the bylaw is passed.

Therefore, your strata corporation can amend your age restriction bylaw by a 3/4 vote in favour of the amendment at an annual or special general meeting.

DISCLAIMER: This column is written by volunteers who are familiar with the Strata Property Act and experienced in dealing with strata issues. The information provided is their best judgment and should not be construed as either legal or technical advice. For legal or technical advice, you should contact a lawyer or persons legally qualified to give advice within their field of expertise.

•••

Vancouver Island Strata Owners Association is a non-profit organization dedicated to providing information and education to strata property owners. Go online to visoa.bc.ca for further information.

 

 

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Gwen Spencer Hethey is one of four athletes being inducted into the Greater Victoria Sports Hall of Fame this year. Here, she is pictured with her mentor Major Frederick Richardson. (Courtesy of Greater Victoria Sports Hall of Fame)
Four new names added to Greater Victoria Sports Hall of Fame

Matt Pettinger, Gwen Spencer Hethey, Peter Lawless and Roger Skillings being inducted

The District of Saanich is accepting nominations for the 2021 Environmental Awards until June 1 at 4 p.m. (Devon Bidal/News Staff)
Nominations now open for Saanich’s 21st annual Environmental Awards

Awards recognize individuals and organizations making Saanich more sustainable

Rotary Club of Victoria-Harbourside president Angus Macpherson visited the Wear2Start Society boutique in Victoria to present a cheque to the society’s vice-president Alessandra Ringstad (left) and president Angela Mangiacasale. (Courtesy of Wear2Start)
Rotary club donates over $11,000 to Greater Victoria non-profit for women

Wear2Start Society provides clothing for women in need

Adrienne Rogers (LPN) and Tracy McConnell (RN) on the Victoria Hospice Unit. (Photo courtesy of Victoria Hospice)
Victoria Hospice bereavement counsellors dealing with a tsunami of grief

Last year, Victoria Hospice provided end-of-life care to more than 1,000 people

Paddles sit stacked and ready at a rowing regatta on Elk Lake in 2018. (Black Press Media file photo)
Greater Victoria junior girls rowing team nabs first in national Row to Tokyo challenge

Young Victoria City Rowing Club members row more than 2,250 km

(The Canadian Press)
Trudeau won’t say whether Canada supports patent waiver for COVID-19 vaccines

‘Canada is at the table to help find a solution’

RCMP are looking for information on an alleged shooting attempt near an elementary school in Smithers March 10. (Phil McLachlan/Capital News/Stock)
UPDATE: Man killed in brazen daylight shooting at Vancouver airport

Details about the police incident are still unknown

Pieces of nephrite jade are shown at a mine site in northwestern B.C. in July 2019. THE CANADIAN PRESS/HO-Tahltan Central Government MANDATORY CREDIT
Indigenous nation opposes jade mining in northwestern B.C.

B.C.’s Mines Act requires operators to prepare a plan to protect cultural heritage resources

The body of Brenda Ware, 35, was found along Highway 93 in Kootenay National Park on Thursday, May 6, 2021. (RCMP handout)
RCMP ask for tips after woman’s body found in Kootenay National Park

Brenda Ware was found along Highway 93 in the park, 54 kilometres north of the town of Radium

People pass the red hearts on the COVID-19 Memorial Wall mourning those who have died, opposite the Houses of Parliament on the Embankment in London, Wednesday, April 7, 2021. On May 3, the British government announced that only one person had died of COVID-19 in the previous 24 hours. THE CANADIAN PRESS/AP-Kirsty Wigglesworth
For a view of a COVID-19 future, Canadians should look across the pond

Britain, like Canada, is one of the only countries in the world to delay second doses for several months

Edmonton Oilers’ Connor McDavid (97) celebrates his 100th point this season with Leon Draisaitl (29) against the Vancouver Canucks during second period NHL action in Edmonton on Saturday, May 8, 2021.THE CANADIAN PRESS/Jason Franson
Edmonton superstar McDavid hits 100-point mark as Oilers edge Canucks 4-3

NHL scoring leader needs just 53 games to reach century mark

Nuns of Mother Teresa’s Missionaries of Charity, carry some of her relics during a vigil of prayer in preparation for the canonization of Mother Teresa in the St. John in Latheran Basilica at the Vatican, Friday, Sept. 2, 2016. In which city did she do much of her charitable work? (AP Photo/Gregorio Borgia)
QUIZ: How much do you know about these motherhood issues?

In honour of Mother’s Day, take this 10-question quiz

Most Read