Mathews v. The Owners, Strata Plan VR 90 (B.C. Supreme Court)

05/10/15 – Jurisdiction British Columbia
Part 52 published on 01/11/15
Strata corporation entitled to refuse rental request

The petitioners had made a request to the strata corporation to rent their unit, on the basis of hardship.  Pursuant to the corporation’s by-laws, the strata counsel refused the request on the basis that there was no disclosed hardship.  The petitioners then challenged the by-laws, arguing that the by-laws improperly restricted owners’ rental rights.

 

The petition was dismissed.  The Court said:

 

In all the circumstances, I find that the Bylaws of the Strata Corporation in the present case comply with the requirements of s. 141 of the (Strata Property Act), in that they contain a sufficiently clear and detailed procedure for administering the rental limit.