Is a strata operator permitted to operate a single occupancy unit (STA) without obtaining approval from the section executive?
British Columbia, Canada
The following excerpt is from Ikbal v. Section 1 of The Owners, Strata Plan LMS 1866, 2021 BCCRT 5 (CanLII):
42. As discussed, the City imposes a number of requirements for STA, including that it occur only in an operator’s principal residence and with authorization from the section executive. I accept that operating a STA in a manner that does not comply with the City’s regulatory scheme would be contrary to the City’s bylaw, and would be a use of the strata lot that would be prohibited by bylaw 4.1(d). Although not binding on me, another tribunal member made a similar finding in Hall v. The Owners, Strata Plan EPS2983, 2019 BCCRT 806 at paragraph 42.
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