What To Know About Age Restriction Bylaws

What To Know About Age Restriction Bylaws

Important Notice: This Instruction Guide has been prepared by the Superintendent of Real Estate to provide information about the Strata Property Act (the “Act”). This is only a guide to certain parts of the Act and Regulations. Please consult the Act and Regulations to determine the complete and precise requirements of the Act and Regulations. In addition, please remember when reviewing statements about the Standard Bylaws that they may not apply until January 1,2002, and even when they do apply, they may have been amended or removed if the strata corporation has filed bylaw amendments in the Land Title Office. Please check all filed bylaw amendments to determine whether and how the Standard Bylaws may have been amended.

1. Age Restriction BylawsAn age restriction bylaw is a bylaw of the strata corporation which requires that
   some or all of the persons occupying a strata lot be over a certain age.
   Age restriction bylaws are not prohibited by the Act, but they may be
   unenforceable in certain circumstances if:
   • they contravene the Act, Regulations or any other laws, including the HumanRights Code.

   [Please refer to Instruction Guide 13, "How to Create or Amend Bylaws and
   Rules" and Instruction Guide 14, "How to Enforce Bylaws and Rules" for a more
   detailed explanation of how bylaws and rules may be unenforceable.]

2. Provisions of the Human Rights CodeThe Human Rights Code contains provisions prohibiting discrimination on certain
   grounds in relation to both the purchase and the rental of a property.The discriminatory grounds that are prohibited in relation to the purchase of a
   property include factors such as race, colour, ancestry, religion etc., but do not
   include age or family status.Only the provisions of the Human Rights Code that relate to tenancy prevent
   discrimination on the basis of age or family status (with one exception noted
   below).

   The Human Rights Code therefore only applies to prevent discrimination based
   on age or family status in relation to tenancies.

3. 55* ExceptionThe provisions of the Human Rights Code respecting discrimination based on age
   and family status do not apply to rental premises if the age restriction is set at
   persons 55 years of age or older, or to two or more persons at least one of whom
   is 55 years of age or older.
4. Application of the Human Rights CodeBylaws that restrict occupancy based on age or family status are unenforceable
   against renters unless the entire development is limited to persons 55 years and
   older (or a couple, one of whom is 55).It is therefore not possible for a strata development that permits rentals to prevent
   strata lots from being occupied by children in the rental suites.Age and family status restriction bylaws can apply to owners. Thus, a bylaw that
   prevents children can apply to owners who occupy a strata lot.

   Person	Age Restriction for an Age Less Than 55 (ie. No oneUnder 19)	Age Restriction for Age 55 and Over
   Owner	Age restriction applies	Age restriction applies
   Tenant	Age restriction does notapply	Age restriction applies

5. Grandfathering An age restriction bylaw does not apply to a person who resides in the strata lot at
   the time the bylaw is passed and who continues to reside there after the bylaw is
   passed.