Tranquility Estates is a 180-unit residential strata corporation
in Vancouver, British Columbia. Five years ago, the Tranquility
owners passed a rental restriction bylaw, limiting strata lot
rentals to 10. Since passing the bylaw, however, the community has
been far from tranquil. Several owners have claimed entitlement to
rent under the Rental Disclosure Statement. Others have alleged
hardship, or claimed that the rental restriction bylaw does not
apply to them. The Council wondered: if there's an exception to
every rule, can there be an exception to a rental restriction
bylaw?
The Laws of the Land
Living in a strata corporation means living with certain laws of
the land. The Strata Property Act, S.B.C. 1998, c. 43
("SPA") is the principal statute that governs the
creation and operation of strata corporations in our province. This
SPA operates in conjunction with a strata corporation's bylaws
and rules, as well as several other provincial and municipal laws
which
