When renting out a strata lot, one of the most crucial steps a landlord must take is to provide the prospective tenant with a copy of the current bylaws and rules before they sign the lease agreement. This requirement is not just a formality; it is a significant document that governs how the strata lot may be used by the tenant and how they interact within the community. Understanding these bylaws can greatly influence a tenant’s decision to rent.
Unfortunately, many landlords delay providing these bylaws until the last moment, or worse, have the tenant sign the Notice of Tenant’s Responsibilities without even providing the bylaws. This oversight can lead to significant issues down the line, both for the tenant and the landlord.
A copy must be provided to the strata corporation within 2 weeks
Section 146 of the Strata Property Act states that within 2 weeks of renting all or part of a residential strata lot, the landlord must give the strata corporation a copy of the notice signed by the tenant. Notice that his section says the notice must be provided within two weeks “of” renting the strata lot, not two weeks “after”. That means that once the tenant has signed the lease, the cock has started. In fact, the earlier it is sent the better so that the strata corporation can prepare for the new tenant moving into the building. So don’t wait, forward the form promptly after is signed by the tenant.
Strata Corporation must notify tenants of changes to bylaws
Once the strata corporation is notified about a tenant, it is obligated to promptly inform both owners and tenants of any changes to the bylaws or rules. This notification must occur “as soon as feasible” following the approval of any amendments. In essence, the landlord is responsible for supplying the tenant with the initial set of bylaws and rules, while the strata corporation is responsible for keeping the tenant updated on any subsequent changes.
Risks of Non-Compliance
Failing to provide the bylaws and the prescribed Notice of Tenant’s Responsibilities (“Form K”) can expose landlords to several risks. According to Section 146 of the Strata Property Act, if a landlord does not comply with the requirement to provide these documents, the tenant may terminate the tenancy agreement without penalty within 90 days of discovering the non-compliance. Moreover, the landlord would be responsible for the tenant’s reasonable moving expenses, up to one month’s rent.
Additionally, we have noticed that some landlords, including professional rental property managers, add unnecessary personal information onto the Notice of Tenant’s Responsibilities (Form K). This is problematic for two main reasons:
Privacy Concerns:
The Form K is a document that the strata corporation must provide to any owner or other tenant who requests a copy, thereby exposing the tenant’s personal information to undesired disclosure.
Non-Compliance with Prescribed Form:
Altering the form means it might not be provided in the “prescribed form,” as required by the Strata Property Regulations. This could mean that the landlord has not met its requirement under Section 146, making them subject to fines or the loss of the tenant without penalty to the tenant, and require them to pay the tenants moving expenses.
Landlords who neglect to provide tenants with the bylaws may face not just have complications with the strata corporation, they risk having their tenancy agreement deemed unenforceable by the Residential Tenancy Branch. If a tenant unknowingly violates a bylaw, and would not have moved in had they been aware of such restrictions, it raises the question of whether it is fair for the tenant to be fined due to the landlord’s oversight in providing the bylaws, which are essential terms of the lease agreement. This situation could make it challenging for the landlord to enforce the lease through the Residential Tenancy Branch. Additionally, if the strata corporation fines the tenant for bylaw violations, it may collect fines from the owner, even if the landlord’s lease is unenforceable. According to Section 146 of the Strata Property Act, subsection (3)(a), the tenant remains bound by the bylaws and rules. However, tenants cannot reasonably claim exemption from fines from their contraventions of these bylaws and rules if they don’t give notice within 90 days of discovering the landlord’s non-compliance with Section 146. While this may offer limited relief to landlords facing substantial fines that tenants refuse to pay, it provides a partial basis for landlords to argue for the collection of fines after the 90-day period. Ultimately, landlords are advised to adhere to all requirements to mitigate risks, and should be mindful that these complications do not undermine the strata corporation’s ability to charge fines to the tenant or collect them from the landlord.
Requirements for Partial Rentals
The notice must also be given when renting “part of a strata lot.” This means that even if the Residential Tenancy Act does not apply to a particular type of tenancy, such as when the landlord shares the kitchen with the tenant, the requirements to provide the bylaws and have the tenant sign the Notice of Tenant’s Responsibilities still apply. The landlord in this case is the roommate and they may be subject to the same consequences as a traditional tenancy if they fail to comply with the requirement so f section 146 of the Strata Property Act.
Conclusion
For landlords and property managers, adhering to these requirements is not just about compliance; it is about ensuring a smooth and transparent rental process. Providing the bylaws and ensuring the Form K is completed correctly can prevent disputes and protect both parties’ interests. For a sample Form K, please visit: Sample Form K.
By understanding and fulfilling these obligations, landlords can avoid potential legal issues and foster a more harmonious relationship with their tenants.