31/07/13 – Jurisdiction British Columbia
Part 9 published on 01/02/05
“Adults only” Condominiums are legal in B.C.
Part 9 published on 01/02/05
“Adults only” Condominiums are legal in B.C.
The Strata Corporation’s by-laws prohibited persons under 19 years of age from residing in a Strata lot for longer than 30 days. The court said that this by-law was valid and enforceable. The court’s reasons included the following:
- B.C.’s Human Rights Code does not apply to these issues.
- Age and family status are prohibited grounds of discrimination in relation to tenants, but are not prohibited grounds of discrimination in relation to Strata owners’ rights of occupancy.
- The age restriction by-law was a legitimate and justifiable restriction and its enforcement was not significantly oppressive.
Therefore, the court ordered that a person under 19 years of age could not occupy the Strata Lot.
However, the court exercised its discretion under the Law and Equity Act to reduce the fines which had been imposed by the Strata Corporation as a result of the breach.