How rental regulations change under Bill 44
Montreal

How rental regulations change under Bill 44

By Judy J. Beasley

Dear Tony:

If a condominium corporation has a bylaw that allows 25% of the rent, will that continue under the legislative changes? We understand that the amendments remove regulations that prohibit rentals. However, some of the information online made this confusing. Can rentals be limited to a minimum of one year to ensure tenant stability?

— Ginny W., Port Moody

Dear Ginny:

The rental regulations have been completely repealed by the amendments to the An Act to Amend the Building and Strata Acts. “No Rental Restrictions by Condo Company: The condo company shall not screen tenants, establish screening criteria, require tenant approval, require insertion of terms into rental agreements, or otherwise restrict the rental of a condominium lot.»

If your condo corporation has a bylaw that sets restrictions or limits on rentals, that bylaw is no longer enforceable.

This applies to all strata lots in the province, from duplexes to bare land developments to community developments of over 1,200 units.

A rule that prohibits short-term accommodationlike Airbnb and VRBO, is still enforceable, and if it’s part of the bylaws, a condo corporation can still continue to levy fines of up to $1,000 per day of violation.

Vigilant communication, notice and enforcement of regulations applied to all landlords, occupants and tenants will be important to keep our communities running smoothly.

A landlord must still provide a signed Form K Notice of Tenant Responsibilities to the condo corporation. This form notifies the condo that the tenant has received a copy of recent bylaws and rules and identifies who the tenant(s) are for the condo corporation.

A condominium corporation will no longer be required to show the total number of rentals on an Information Certificate Form B; however, as part of mandatory record keeping, the condominium corporation must continue to maintain a list of owners and tenants. These are records that must always be provided to an owner or his agent upon written request.

Here are some quick tips to help you manage the increase in tenant numbers in many communities:

  • Keep a complete copy of the bylaws and rules that are readily available to all landlords and tenants to ensure the correct information is provided to all new landlords and tenants.
  • Review move-in and move-out regulations and costs if elevators and loading areas have access and security requirements.
  • Provide regular updates on waste management, building upgrades, parking and storage allocations, and maintenance and access to strata lots.
  • If you are required to issue a notice of complaint about a violation of a bylaw or rule, always include the owner.
  • If a tenant is fined and fails to pay the fines, the cost of damages, or to comply with regulations, a condominium corporation may file a lawsuit in civil resolution court against the tenant and the landlord may be ultimately liable for fines and damages. Documentation and proper notice will be crucial.

Tony Gioventu is executive director of the Condominium Owners Association. E-mail [email protected].

Judy J. Beasley
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