House sitters

We have recently had an interesting enquiry about an issue that many strata corporations will eventually have to face. If an owner goes away for an extended period, say to the sunny south for the winter, and the strata’s bylaws forbid rentals, can the owner use a house sitter to take care of his property (no rent paid)?

The Standard Bylaws as found in the Strata Property Act use the terms “owner, tenant, occupant or visitor” to describe residents. There are no restrictions on the definition of “visitor” in the Standard Bylaws but many strata corporations have bylaws that limit length of stay, etc. The house sitter is not usually identified as a potential resident. Without a specific house-sitter bylaw the Council would have to be guided by their interpretation of “visitor”. It would be better for all parties if Council had anticipated this situation and had passed a bylaw to cover it.

Points that we recommend should be covered in a bylaw include the following:

• A definition of a “house sitter” e.g. a person who resides temporarily in a strata lot for the purpose of taking care of the said strata lot while the owner is not present and who pays no rent and receives no other consideration for so doing.
• The owner must notify the Council (a form should be used) of the period of occupancy and the name(s) of the house sitter(s).
• The owner or tenant must remain the principal resident and there should be no change in the furnishing of the unit while it is occupied.
• The housesitting period will be limited to six months or some other reasonable interval.
• Only one housesitting per year is permitted.
• The house sitter must agree to abide by the Strata Property Act and Regulations, and the bylaws and Rules and Regulations of the Strata Corporation.
• A clause, which allows Council to waive any of the conditions in the event that they cause hardship to the owner or tenant.

We recommend that Strata Councils think about this and if the circumstances warrant it, propose such a bylaw to the owners for their consideration. It also is important that if your bylaws include a rental restriction bylaw that it should be stated that it is subject to the house sitter bylaw.

We can help with drafting such a bylaw. Give us a call at (604) 538-8888 between 12:30 and 3:30 p.m. and ask for the Pacific Condominium Association office.