Strata age-restriction bylaws

Effective Nov. 24, 2022, strata corporations in BC may have an age-restriction bylaw for an age that is not less than 55 years with exemptions for some caregivers and residents previously residing in a strata lot. Effective May 1, 2023, additional exemptions have been made for children (including adult children), and younger spouses or partners.

• A strata bylaw which restricts age to 55 and older is valid
• A strata bylaw that sets a minimum age less than 55 years old is invalid.

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Learn more about
Strata age-restriction bylaws limited to age 55+
Provincial exemptions to age-restriction bylaws
    Caregiver exemption
    Legacy exemption: an exemption for previous residents
    Child exemption
    Spouse exemption
Validity and application of 55+ bylaws
Previously allowed strata age-restriction bylaws

Strata age-restriction bylaws limited to age 55+

All strata corporations must have bylaws which govern how the strata corporation functions.

Effective November 24, 2022, a strata corporation (or section) may only have a strata bylaw which limits the age of an owner, tenant or occupant to age 55+.

• Any strata bylaw that sets a minimum age less than 55 years old is invalid.
• Strata bylaws which restricts ages to a minimum of 55+ are valid. 

The age-restriction bylaw applies to a resident of a strata lot (i.e. an owner, tenant or occupant). Strata corporations and sections are allowed to have age-restriction bylaws that require a person residing in the strata lot to have reached an age that is not less than 55 years. For example, an age-restriction bylaw could be for ages 55 and greater, or age 60 and greater, etc.

An owner, renter or occupant moving into a 55+ age-restricted strata corporation, or section, must meet the age criteria. However the age-restriction does not apply to a spouse, partner or children, including adult children.

Strata corporations may amend (change or create) bylaws to enable other classes of persons such as spouses not registered on title or adult children of owners to serve on the strata council. This may be helpful in strata corporations, or sections, with a 55+ age-restriction bylaw.

Provincial exemptions to age-restriction bylaws

There are provincially mandated exemptions to a strata age-restriction bylaw.

1. Caregiver exemption

Effective November 24, 2022, provincial strata legislation exempts a live-in caregiver in a strata lot from an age-restriction bylaw who is providing continuing assistance or direction to a resident because of the resident's disability, illness or frailty.

2. Legacy exemption

When a strata corporation or section creates an age-restriction bylaw, provincial strata legislation specifies that all persons who were lawfully residing in the unit before the bylaw was passed are exempted.

For example, a 25 year-old resident who was living in the unit before the age-restriction bylaw was created, may continue to live in the unit; even though the new age-restriction bylaw states that an owner, tenant or occupant must be age 55 or greater.

Effective May 1, 2023, an owner, tenant or occupant with a legacy exemption can have their spouse, partner, or children (including adult children) live with them at any time after the age-restriction bylaw is passed, even if they do not not meet the age criteria.

3. Child exemption

Effective May 1, 2023, the Province allows certain residents to have their child, of any age, live with them in a 55+ age-restricted strata corporation as per OIC-276-2023.

4. Spouse exemption

Effective May 1, 2023, the Province has exempted spouses and persons living in a marriage-like relationship (partners) from age-restriction bylaws. A resident will be able to have a younger spouse or partner live with them in a 55+ age-restricted strata corporation as per OIC-276-2023.

Partners are not required to live together for a certain period of time before living together in a 55+ age-restricted strata corporation.

Validity and application of 55+ bylaws

Some strata corporations have age-restriction bylaws which state all residents must be 55+. The Province has added exemptions for children, including adult children, and spouses or partners younger than age 55. These exemptions will affect how these bylaws are applied, however these bylaws remain valid.

Previously allowed strata age-restriction bylaws

As of November 24, 2022, strata age-restriction bylaws which set a minimum age less than 55 are invalid.

• On April 25, 2023, Bill 24 received Third Reading. Bill 24, the Miscellaneous Statutes Amendment Act (No. 2), 2023, includes a minor housekeeping amendment (Part 4 Housing Section 11) to further clarify that existing age-restriction bylaws which set a minimum age of less than age 55 are invalid. Royal Assent is expected in May 2023.
• If a strata corporation, or section, now want to have an age-restriction bylaw for age 55 and greater, the strata corporation, or section, would have to create and pass a bylaw by a 3/4 vote of approval at a general meeting.

References: Strata Property Act Section 123.1, 123.2 and Regulation 7.01.

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