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.