Uner the Strata Property Act a strata corporation may pass by-laws prohibiting or restricting the rental of strata units. A rental restriction by-law (RRB) must be filed at the Land Title Office and will take effect:
-immediately upon filing, if filed by the developer prior to the sale of any units.
-alternatively, the later of:
1) one year after the RRB was passed
2) where a unit is rented, one year from the date the tenant vacates the unit
Despite a RRB prohibition restricting or prohibiting rentals, an owner may rent a strata lot under 3 conditiions:-
1) A RDS filed after January 1,2010 will benefit the first and subsequent buyers until the expiration of the rental period. A RDS filed before January 1, 2010 will benefit the first owner for the length of the rental period.
2) Family Member - an owner may rent their strata lot to a family member - a spouse, child or parent, or a parent or child of a spouse.
3) Hardship Exemption - an owner may rent their strata lot on the basis of hardship and must follow the statutory procedure to apply for the exemptiion and must prove hardship.
Be sure to consult a real estate lawyer to verify the above information.