commonquestionsofbuyersstratacorporation-pemberton.docVIP

Please find below commonly asked questions from buyers and suggested answers in regards to Strata Corporations. Page references are to the License Practice Manual L.P.M. or to the Condominium Manual C.M. A comprehensive Guide to the Strata Property Act by Mike Mangon Section references are to the Strata Property Act. 1. What is the difference between strata lots and fee simple lots? Strata Lots allow subdivision of property where a fee simple subdivision is not possible or desirable. Strata lots are individually owned lots like fee simple lots but owners own property in common and strata lots are governed by the Strata Property Act. 2. The bylaws do not prevent renting now. If I buy a unit can they change that? If the strata unit is brand new and the developer does not restrict rentals in the disclosure statement the majority do not then you can rent forever. If you are a subsequent buyer then a 75% vote can change that bylaw and restrict rentals. However any tenant in place at the time the bylaw changes is allowed to stay and when that tenant moves you may still rent the unit for another year. 3. Can I have a pet? If there are no bylaws restricting pets you can have a small pet. Small is not defined. A Strata Corp can change the bylaws and restrict pets with a 75% vote. There is some protection for existing pets. Section 3 4 S.P.A. page 203. C.M. 4. Are age limits legal? Yes. Strata Corps can restrict occupancy to anyone over 55 not withstanding the Human Rights Act. Page 234. C.M. 5. What is the difference between Rules and Bylaws? Bylaws must be filed at the Land Titles Office to be enforceable, and govern the use of the Strata lot and Strata lots. Rules are less formal and passed from time to time by the Strata Council and regulate the use of the Common Property only and must be ratified by the owner at the next AGM. Page 199. C.M. We should make sure we are notified of any changes to by laws or rules between now and completion. Page 98. L.P.M. 6. Ca