Can a strata rent or lease common property?

When someone rents or leases common property, they normally obtain the exclusive right to use that property. Since all owners have proportionate tenant-in-common ownership of the common property, the Strata Property Act places limitations on how a strata corporation can rent or lease out common.

Under section 76 of the Strata Property Act, a strata corporation may grant an owner or tenant the exclusive right to use common property for up to one year at a time. This right cannot extend for more than one year, but it can be renewed annually and the strata corporation can attach conditions.

Note that under previous legislation, a strata corporation was permitted to lease common property to owners for longer periods of time if specific conditions were met. If a lease was entered into prior to the Strata Property Act coming into force, consult with a lawyer to determine whether the lease is enforceable.