In strata communities with rental restriction bylaws, hardship exemption applications under section 144 of the Strata Property Act can cause big problems.
The Hardship Exemption Problem
When facing hardship, Owners who need to rent their strata lots may be forced to provide deeply personal information to their Strata Council in their hardship exemption applications. Members of the Strata Council also happen to be their neighbors.
In these situations, Owners are particularly vulnerable. Strata Councils may have had previous issues or disputes with the Owner, they may be in possession of deeply personal information about the Owners and it isn’t unusual for Strata Councils to have been “burned” by past applicants feigning hardship.
All too often, when Strata Councils deny hardship exemption applications, Owners facing hardship don’t have the means to challenge the decision, even if the decision feels biased or unfair.
Frequently, property managers and property management companies are asked to provide guidance and answers to questions about hardship. Unfortunately, most questions require a nuanced understanding of the law that these people do not possess. Aggravating the problem further is the absence of any definition of the meaning of “hardship” in the Strata Property Act or the Strata Property Regulation.
Codify the Hardship Exemption Standards
There is a solution. Owners and Strata Councils can work to codify the hardship exemption application process, requirements and adjudication standards though their strata bylaws.
Customized hardship exemption application bylaws can allow strata communities to add detail, definitions and consistency to their hardship exemption application process.
By defining the meaning of hardship and providing a consistent standard for review and adjudication, hardship exemption bylaws reduce uncertainty, ensure continuity, and most importantly, build trust within the community.
A Careful and Thoughtful Approach to Drafting
In order to draft enforceable, fair and clear bylaws, knowledge of the law is required. Strata Corporations can only enforce strata bylaws that don’t contravene the Strata Property Act, Strata Property Regulation, Human Rights Code or any other piece of legislation or regulation. If your strata council would like assistance drafting hardship exemption application bylaws, help is available!
Questions? Comments? Thoughts?
Join the discussion below!
If you are applying for a hardship exemption, be sure to read the new blog post “How to Apply for a Rental Restriction Hardship Exemption“
