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How to get an exemption from a rental restriction bylaw

I have so many people ask me about this one that I decided to write a blog on it.

Yes, it is possible to rent a condo or townhouse when a strata corporation has a no rental bylaw in place. You can do it by claiming an Exemption for Hardship.

An owner may apply to the strata corporation for an exemption from a rental restriction bylaw on the grounds that the bylaw causes hardship to the owner.

Neither the Act nor the Regulations define "hardship." Exemptions have been granted for people who have had to go away for university or have got transfered for a job and cannot sell their condo and can't afford to pay the mortgage on it without renting it out. Someone facing bankruptcy can claim hardship. It is not guarenteed the strata will grant it to you but it is definitely worth asking for it.

An application for an exemption must be made in wriiting, state the reason why the owner thinks an exemption shoud be made, and indicate whether the owner wishes a hearing.

The Regulations provide that a "hearing" means "an opportuniyu to be heard in person at a council meeting."

When a hardship application has been made, the strata council must: hear the owner or the owner's agent within three weeks of the date of the application, if the owner requests a hearing; give its decision in writing to the owner within one week of the hearing; give its decision in writing within two weeks after the owner applied for the exemption if no hearing is held or requested.

If the strata council fails to provide its decision within the time specificed, the exemption is allowed, and the owner would be permitted to rent the strata lot.

You would need to document when you delivered the request. Send it by certified mail or go in person and have the strata member who received the request sign and date it and give you a copy.

I hope that helps!

Sincerely,
Alexandra

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Alexandra Rebagliati
Associate Broker/Property Manager
MacDonald Realty
Tel: 250.870.2792
Alex@LakeOkanaganRealty.com
www.LakeOkanaganRealty.com

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