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Topic
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The AirBNB commotion has caused somewhat of a knee jerk reaction by most of our executive committee to the possibilities of an AirBNB from being established at this 6 apartment block, and have gone ahead raise a by-law to prohibit such.
Is it correct that a by-law preventing AirBnB from being established will not hold water?
We have had a Girl rent out one apartment and then looked for others to share the rent or rent out rooms.
It is Ok when you have one person there or a couple, however when shift workers become co-sharers of an apartment this is when the sleepless nights start.
I believe this falls back on the owner of the property and the agent not putting in writing in the first place the house rules when the lessee is signing for the property rental.
I would like your comment from what you have learned to date.
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A by-law certainly will hold water provided it doesn’t attempt to supersede superior laws or strata law itself.
For instance, if your building is zoned residential, then you can create a by-law saying that rentals must be the minimum allowed under the Residential Tenancies Act (90 days).
However, you can’t restrict the activities of people in the tenancies unless they are a proven nuisance, disturbing the “peaceful enjoyment” of other residents.
If the “girl” want to rent a room or even her sofa bed, she can do so to anyone she likes, provided it is allowed by her own tenancy agreement.
New strata laws to come in later this year will allow strata schemes to create by-laws limiting the number of adults in an apartment to two per bedroom, but it doesn’t sound like that is your problem.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
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