Tenants have rights when condo neighbours break strata rules

Dear Tony

We have been renting a rare 3 bedroom apartment for our family in an East Vancouver condo for 5 years. The landlord has been extremely kind and supportive to us and the unit is close to the elementary school for our kids.  6 months ago a new buyer moved into the unit upstairs and renovated with what everyone thought was a long term residence.  The renos went smoothly with little disruption.  Everyone has now discovered the identical 3 bedroom unit is now a 4 bedroom unit and being rented by 6 students. The parties have been endless, we are paying the price for the continuous noise, an overflowed toilet, balcony garbage and now threats to us because we are complaining.  The council has basically put their hands in the air and said deal with your landlord.  Do tenants have any rights in condo developments?  Don’t the bylaws and rules apply to everyone the same?

DJR

While tenants who reside in strata communities are certainly afforded rights under their tenancy agreement and tenancy laws, the Strata Property Act expands on these protections. Tenants, like owners, have a right to use and enjoy their home free from unreasonable noise and interference, and they have a right to participate in the enforcement of their community’s bylaws and rules. Regardless of whether a complaint is made by an owner or a tenant, the strata council has an obligation to follow the bylaw enforcement procedures under the Strata Property Act.  It is often misunderstood that tenants must first deal with their landlords or file a dispute with the Residential Tenancy Branch before they can bring a matter to their strata council. By all means, tenants should keep their landlord apprised of their concerns, but tenants have the right to reach out to their strata council as well, and if not addressed, may bring a claim against the strata corporation in the Civil Resolution Tribunal.

Lisa Mackie, a Vancouver lawyer who assists strata corporations in B.C. on tenancy matters, encourages strata councils to remain responsive to tenant complaints: “The Strata Property Act does not require tenants to seek remedies under their tenancy agreement or the Residential Tenancy Act before they can issue a complaint to the strata council, or before they can request a hearing before their council. The Act is specifically designed to ensure that tenants, owners, landlords, and the strata council get on the same page when it comes to bylaw enforcement.”

Your strata council should also be looking closely at the renovation done to the unit and contact the bylaw enforcement division at the city.  They should also verify whether permits were issued for the intended renovations and whether the 4^th bedroom is actually permitted within the unit.   Tenants by default are also named insureds on a strata corporation policy, and a landlord may assign their rights to a tenant to be on the strata council as well as issue a proxy to vote at general meetings on their behalf.

If there are any types of threats against you or your children, contact the community police office and determine your rights and get the complaints on record.  They can often escalate to more serious consequences for the residents.  Remember strata councils are volunteers. They often require support from the authorities and professionals to manage these situations.  Stepping this up to a legal engagement with the owner of the upstairs unit will likely be more successful than constant letters and complaints.

This article was originally written by Tony Gioventu and published in the Times Colonist as part of their Condo Smarts column. The article is reproduced on this website for informational purposes. Lisa Mackie contributed to a portion of the original article.