Can a strata corporation enforce an age restriction bylaw?

An age restriction bylaw is strata corporation bylaw requiring some or all of residents of a strata unit to be over a certain age.

"A strata corporation may adopt an age restriction bylaw and enforce it," said real estate lawyer Mike Mangan.

The bylaw must meet the requirements of the Strata Property Act and the Human Rights Code and other provincial and federal legislation and regulations. 

The Human Rights Code prohibits discrimination unless the activity is exempted.

The Code doesn't apply to an age restriction if a statute specifically permits a distinction based on age.

The Strata Property Act s. 123 (1.1) permits this distinction:

Without limiting a strata corporation's power to pass any other bylaws, a strata corporation may pass a bylaw that restricts the age of persons who may reside in a strata lot.

What does this mean?

"So long as an age restriction bylaw otherwise meets the requirements for enforceability, the strata corporation may enforce its age restriction bylaw against every resident equally, regardless of whether the person is an owner or a tenant," said Mangan.

There's an exception in some phased strata developments, Mangan explained.

A phased strata plan involves the development of strata lots on one or more separate parcels of land in two or more phases.

"If certain conditions exist in a phased development, the strata corporation may not make, modify or repeal a bylaw to restrict the age of occupants, unless particular requirements are met," said Mangan.

If the developer in a phased development complies with the dates in the Phased Strata Plan Declaration or in an amended Declaration, for the beginning of construction of each phase, the regulations state that the strata corporation may not create, change or repeal any bylaws dealing with "the age of the occupants" until one of the following occurs:

• the annual general meeting is held following the deposit of the final phase.
• in accordance with the Strata Property Act, the developer elects not to proceed with the next phase. 
• The Supreme Court of British Columbia declares that the developer is deemed to have elected not to proceed.
• the strata corporation obtains the written consent of the developer.

If you have questions about age restriction bylaws, contact your REALTOR®.