Episode 31: Top mistakes councils make with occupancy limits And short term rentals
About the Episode:
In this episode, hosts Brent and James dive into the top mistakes strata councils often make when it comes to occupancy limits and short-term rentals. They are joined by Lisa Mackie, a partner with AHBL, who shares her expert insights. Together, they uncover common pitfalls, such as incorrect bylaws, overlooking human rights considerations, and neglecting to adapt to changing regulations. Tune in to learn how to avoid these errors and successfully navigate the complex world of strata governance.
Get the Guides:
3 Keys to Decision Making for Strata CouncilsMaintenance Planner Checklist
8 Steps for Going out to Bid
About the Guest:
Lisa Mackie
Regional Director, FirstService Residential
Lisa Mackie is the leader of the Strata Property Practice Group and a member of the firm’s Insurance and Real Estate Practices. Her primary areas of practice are Strata Property Law and Residential Tenancy Law.
At Alexander Holburn, Lisa was the 2019/ 2020 chair of the Women’s Forum, a group dedicated to promoting business development and networking opportunities among our female lawyers, paralegals and female clients. Prior to joining Alexander Holburn, Lisa worked in the law reform field as a legal researcher with the British Columbia Law Institute and the Canadian Centre for Elder Law Studies
About the Hosts:
Brent Anderson
Business Development Director, FirstService Residential British Columbia
As Business Development Director, Brent is responsible for the continued growth and strategy of FirstService Residential’s Market throughout British Columbia.
Brent’s professional career in sales began selling souvenirs at Canucks games back at the PNE Coliseum. For the past 15 years, has been closely working with strata managers as a salesperson for various trades, including painting, high-rise window cleaning, and HVAC services.
The sales world is full of cookie-cutter reps who lead with their ego and put their needs ahead of the customers. Not Brent; he is passionate about the needs and goals of his clients and specializes in bringing them peace of mind.
Brent lives in South Surrey with his wife and their Jack Russell Terrier. He is an avid hiker and budding kayak enthusiast.
James Milne
Business Development Director, FirstService Residential British Columbia
As Business Development Director, James is responsible for the continued growth and strategy of FirstService Residential’s Market throughout British Columbia.
James takes a consultative approach to his role, recognizing that having the right fit between a community and its management is crucial to long-term success. Prior to joining FirstService, James worked in luxury hotel management and business-to-business sales.
James has more than 20 years of experience in customer-facing roles and a true passion for customer service. He is a licensed strata manager and has a degree in Business Management.
When not working, James is also an avid mountain biker and serves as the President of one of BC’s largest non-profit mountain bike clubs.
About Stratagize Podcast
Over 1.5 million people live in strata housing in the Province of British Columbia.
Let's face it, you'd rather watch reruns of the nightly news than read the Strata Property Act (And we can't blame you) Still, most people are at a loss when it comes to understanding such an important framework for how many of us live our lives in proximity with one another.
🎙 Stratagize with Brent Anderson & James Milne features conversations with industry leaders and experts who share their knowledge to demystify an industry that impacts the lives of more than 1 out of 3 British Columbians.
Whether you are a council member, owner, investor, or renter, if you're looking for content that will bring value to your strata and help you get to the next level… THIS is it!
Listen to our latest episode, subscribe and rate us on iTunes. 👊
🚨 STRATA TIP:
Have your bylaws reviewed by a strata lawyer at least once every five years. Changes in legislation, CRT rulings, and case law could leave some bylaws unenforceable.
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MAIN TAKEAWAYS:
🛠Occupancy limits is a thorny situation. No clear cut bylaw can withstand scrutiny under Human Rights Code.
🛠A common mistake councils make is encroaching on a protected characteristic.
🛠Short term rental or accommodation is not an expression under the Strata Property Act.
🛠Since there are no rental restrictions, bylaws cannot regulate rental.
💬 QUOTES
“Ignorance of the bylaws are not an excuse.”
MYTH VS FACT 🦄
The owner is ultimately responsible for ensuring there is no contravention of any short term bylaw.
(Myth)
It depends on how the bylaw is drafted and worded.