Renovating a Rented Condo in BC: Strata Rules and Notice to the Tenant

Who asks the strata: the owner

The owner makes the request. Standard Bylaw 5(1) and Standard Bylaw 6(1) both begin "An owner must obtain the written approval of the strata corporation". The agreement on expenses in Bylaws 5(2) and 6(2) is also the owner's to sign.

A tenant who wants work done should ask the owner in writing, and the owner sends the request to the strata. That holds for a tenant who offers to pay for the work.

Your building may have filed its own bylaws in place of the Standard Bylaws. Read them first.

What standing a tenant has under the Strata Property Act

The Act gives a tenant four things that matter during a renovation.

Under section 147, a landlord may assign to a tenant some or all of the landlord's powers and duties under the Act, the bylaws or the rules. The assignment takes effect only when the landlord gives the strata a written notice that names the tenant, lists the powers and duties assigned, and states the time period.

Under section 148, a tenant with a lease to the same person for a set term of 3 years or more is assigned the landlord's powers and duties for that term. The tenant must give the strata written notice before using them. Section 148(6) adds a limit: without the owner's consent, the tenant must not do anything that would affect the owner's interest in the strata lot, the Act's name for the unit. For that reason we ask for the owner's signature on every renovation request, including where an assignment exists.

Under section 34.1, an owner or a tenant may request a hearing at a council meeting, in writing, with the reason stated. The council must hold the meeting within 4 weeks.

Under section 36, a tenant can ask the strata for the bylaws and rules, and the strata must provide them within one week.

What the tenant must be given, and must follow

Section 146 requires a landlord to give a prospective tenant the current bylaws and rules and a Notice of Tenant's Responsibilities, known as Form K, before renting the unit. The landlord must give the strata a copy signed by the tenant within 2 weeks of renting.

Form K states that a tenant "must comply with the bylaws and rules of the strata corporation that are in force from time to time". Standard Bylaw 3 names tenants directly: an owner, tenant, occupant or visitor must not cause unreasonable noise or damage the common property. The building's rules on hallways and the elevator therefore apply to the tenant during the work, as they do to the owner's contractor.

Who is fined when a bylaw is broken during the work

The answer depends on who let the person into the building.

Section 130(1) lets the strata fine the owner for a contravention by a person the owner admitted for business reasons. A contractor hired by the owner is such a person. Section 130(2) lets the strata fine the tenant for the tenant's own contravention and for a person the tenant admitted.

A fine against the tenant can also be collected from the owner. Section 131(1) lets the strata collect it from the tenant, the landlord and the owner, up to the amount of the fine. Section 147(1) stops a landlord from assigning that responsibility to the tenant.

Section 7.1 of the Strata Property Regulation limits a fine to $200 for each contravention of a bylaw and $50 for each contravention of a rule. Before any fine against a tenant, section 135(1)(f) requires the strata to give notice of the complaint to the landlord and the owner.

Entering a tenant's home: the Residential Tenancy Act notice

Section 29(1) of the Residential Tenancy Act says a landlord must not enter a rental unit for any purpose unless one of six conditions applies. Two of them fit planned renovation work.

The first is permission: the tenant agrees at the time of the entry, or within the 30 days before it. The second is written notice, given at least 24 hours and at most 30 days before the entry. The notice must state the purpose, which must be reasonable, and the date and time. The time must fall between 8 a.m. and 9 p.m. unless the tenant agrees to another time.

Section 28 of the same Act lists what a tenant is entitled to, including reasonable privacy and freedom from unreasonable disturbance.

The strata's own right of entry is a separate notice. Under Standard Bylaw 7, an owner or tenant must let a person authorized by the strata enter at a reasonable time on 48 hours' written notice.

For work that runs over several days, ask the Residential Tenancy Branch, the provincial office for tenancy questions, how the notice applies to your plan.

Work that needs the unit empty

To end a tenancy for renovations, a landlord applies for dispute resolution, the hearing process for tenancy disputes, under section 49.2 of the Residential Tenancy Act. The Province's page on evictions says an arbitrator decides the application, and only then can the landlord present an order to the tenant. An order is granted if all four of these apply:

An order has an effective date at least 4 months after it is made. Under section 51.4, the tenant is entitled to an amount equal to one month's rent, and to 12 times the monthly rent if the landlord cannot show the work was accomplished within a reasonable period, unless the director excuses the landlord.

Ask the Residential Tenancy Branch whether it counts a strata's written approval among the approvals in the first condition. We found no answer to that in the Act.

• The landlord intends in good faith to renovate or repair the unit and has all the necessary permits and approvals required by law.
• The renovations or repairs require the rental unit to be vacant.
• The work is necessary to prolong or sustain the use of the rental unit or the building.
• The only reasonable way to achieve the vacancy is to end the tenancy agreement.

How we work in a rented unit

We ask at the first visit whether a tenant lives in the unit. If one does, we ask the owner for the tenant's written agreement to the dates, or we give the owner the dates and times in time for a written notice.

We treat every visit by our workers as an entry by the landlord, and we work only at times the tenant has agreed to or has been given notice of. The tenant receives the same schedule the strata receives.

At the end of each day we leave the kitchen, the bathroom and the walking routes in the state the schedule promised.