16/05/13 – Jurisdiction British Columbia
Part 23 published on 01/09/08
Age restriction in strata corporation by-law valid and enforceable
Part 23 published on 01/09/08
Age restriction in strata corporation by-law valid and enforceable
The strata corporation’s by-laws included the requirement that “all residents must be the age of 55+ over, except as a casual visitor”. The Court confirmed that, subject to Section 123(2) of the Strata Property Act, such age restrictions are valid and binding in British Columbia (provided the by-law has been properly passed). [Section 123(2) of the Strata Property Act states that such by-laws do not apply to a person who resides in a strata lot at the time the by-law is passed and who continues to reside there after the by-law is passed.]