[Updated May 11, 2023]
On April 6, 2023, the BC Government introduced an amendment to the Strata Property Act to clarify age restriction bylaws.
Bill 24 – 2023
See Bill 24 – 2023 The Miscellaneous Statutes Amendment Act (No. 2), 2023. Part 4 Housing Amendments. This bill was passed on April 25, 2023 and received Royal Assent on May 11, 2023. This legislation is now effective retroactively to November 24, 2022.
Strata Property Act section 123.1
The wording of section 123.1:
(1) The strata corporation must not pass a bylaw that restricts the age of persons who may reside in a strata lot except as permitted by subsection (2).
(2) The strata corporation may pass a bylaw that requires one or more persons residing in a strata lot to have reached a specified age that is not less than 55 years.
has been changed to:
(1) Except as permitted by subsection (2), a bylaw must not restrict the age of persons who may reside in a strata lot.
(2) The strata corporation may pass a bylaw that requires one or more persons residing in a strata lot to have reached a specified age that is not less than 55 years.
This change in wording makes it clear that all age restriction bylaws that specify ages less than 55 years (such as 19+ or 40+) are unenforceable.
Also see our May 1, 2023 blog post: Age Restriction Bylaws: New Exemptions for Spouses and Children.