Can a strata lot owner's use of strata lots be limited to temporary stays?

30. This dispute involves similar issues as the previous CRT decision in Shawara v. The Owners, Strata Plan KAS 2830, 2020 BCCRT 890. In Shawara, a restrictive covenant on the strata lots limited the strata lot owners’ use to temporary stays. The applicant argued that owner occupancy exceeding the restrictive covenant violated a strata bylaw prohibiting the illegal use of strata lots. In dismissing this claim, the Vice Chair noted that the restrictive covenant said that the municipality did not need to enforce the restrictive covenant. Further, the Vice Chair found that the municipality approved the owner’s use. So, the Vice Chair found that the owner’s use was not illegal even though it was not permitted under the covenant’s terms.