Mathews v. The Owners, Strata Plan VR 90 (British Columbia Court of Appeal)

29/09/16 – Jurisdiction British Columbia
Part 55 published on 01/09/16
Appeal dismissed. Strata corporation entitled to refuse rental request

The lower Court dismissed the owner’s petition, in which the owner had sought to challenge the corporation’s by-laws as unreasonably restricting rental rights.  [See Condo Cases Canada, Part 52, November 2015.]

The owner appealed, and the appeal was dismissed.  The Court of Appeal said that the strata corporation’s by-laws contained an adequate procedure by which to determine applications for permission to rent.  The Court of Appeal said:

In my view, s. 141 (3) (of the Strata Property Act) mandates only that the bylaw set out a procedure whereby permission to rent a strata lot may be obtained by an owner.  Accordingly, I agree with the decision of the chambers judge that the bylaw in question is not rendered invalid because it does not say that a waiting list will guide the strata corporation in administering the rental limit.