Rentals & TenanciesJuly 9, 2026 · 6 min read

Strata Rental Hardship Exemptions in BC (and What Bill 44 Changed)

Did Bill 44 kill the strata rental hardship exemption? Here's what the exemption was, how the old hearing process worked, and what BC owners can do today.

If you own a unit in a smaller BC strata, you may remember when renting out your home meant reading the bylaws very carefully — and sometimes pleading your case. For years, plenty of strata corporations capped how many units could be rented at once, or banned rentals outright. Owners who ran into those limits had one main escape hatch: the rental hardship exemption. Then, in late 2023, Bill 44 rewrote the rules, and much of that machinery quietly became history.

This guide walks through what the hardship exemption was, how the old process worked, and — most importantly — what Bill 44 means for you today, whether you're an owner hoping to rent or a council member trying to keep a small building's bylaws current.

This is general information, not legal advice. Strata law changes and every building is different — confirm the current rules with a BC strata lawyer or your strata manager before you act.

What the rental hardship exemption was for

Under the Strata Property Act, strata corporations were once permitted to pass bylaws restricting rentals. In practice, a rental-restriction bylaw usually did one of two things: it set a hard cap on the number of units that could be rented at any given time, or (less commonly) it came close to banning rentals altogether. Councils used these bylaws to keep a higher share of owner-occupiers, satisfy lender preferences, or manage turnover in the building.

The trouble is that life rarely lines up with a bylaw. An owner might be relocated for work, unable to sell in a slow market, or suddenly carrying two mortgages. Forcing that person to leave a unit sitting empty could cause genuine financial harm. The hardship exemption was the safety valve — a formal way for an owner to ask to be excused from the rental restriction because complying would cause hardship.

How the old hardship process worked

The Act set out a specific process, and the timelines were deliberately tight so owners weren't left in limbo. In broad strokes, the owner delivered a written request to the strata asking to be exempted from the rental restriction on the grounds of hardship, and could ask for a hearing. The strata then had to hold that hearing within a short window and give a written decision shortly afterward. (I'm keeping the exact number of days vague on purpose — timelines like these get amended, so confirm the current figures before relying on them.)

Two features made the process notably owner-friendly. First, if the strata missed its deadline to respond in writing, the exemption was generally deemed to have been granted — silence worked in the owner's favour. Second, the strata could not unreasonably refuse a legitimate hardship claim. Exemptions could be time-limited or open-ended, depending on the circumstances.

If this sounds a lot like other proceedings you may have sat through, that's because it followed the same right-to-be-heard principle that still governs strata council hearings today.

What Bill 44 changed

In late 2023, the province passed Bill 44, and it reshaped this corner of strata life almost overnight. The headline change for landlords: strata corporations can no longer enforce bylaws that restrict long-term rentals. Rental caps and rental bans were, in effect, swept aside province-wide. A strata can still hold owners responsible for their tenants' conduct and enforce the building's ordinary bylaws against tenants — but it can't stop you from renting simply because of a numbers cap or an anti-rental bylaw.

Bill 44 also narrowed most age-restriction bylaws (with a commonly cited carve-out for designated 55-and-over seniors' housing), though our focus here is rentals. For the fuller picture of how the new landscape affects landlords, see our guide on renting out your strata unit after Bill 44.

So does the hardship exemption still matter?

For long-term rentals, mostly no. The hardship exemption existed to get owners out from under rental restrictions — and those restrictions are gone. When there's nothing to be exempted from, there's nothing to apply for. If your council still receives a hardship request today, the honest answer is usually that the owner simply doesn't need one to rent.

That said, a few nuances are worth flagging:

Short-term rentals are a different animal. Bill 44 targeted long-term rentals, not short-stay ones. Stratas can still pass bylaws limiting or banning short-term and vacation-style rentals, and the province layers its own rules on top. If Airbnb is the real question, start with can your strata stop Airbnb and the provincial short-term rental rules for owners.
Old bylaws often linger on the page. A rental-restriction bylaw being unenforceable doesn't mean anyone deleted it. Many buildings still have dead language sitting in their registered bylaws, which confuses buyers, tenants, and new council members alike — see our rundown of bylaws that no longer hold up in BC.

What small stratas and owners should do now

For councils, the practical work is cleanup and refocusing:

Review your bylaws and retire the dead ones. Removing or repealing rental-restriction bylaws that no longer bite keeps your documents honest and avoids arguments down the road. Repeal is a formal step — here's how to change strata bylaws in BC.
Spend your energy where you still have authority. Tenant conduct, short-term-rental limits, move-in/move-out logistics, and the tenant-directive notice (the form landlords give the strata about their tenant) are all still squarely within your control.

For owners and landlords:

You can generally rent, but obligations remain. You still need to give the strata the required tenant notice, your tenant must follow the bylaws and rules, and you remain on the hook for your unit and your tenant's conduct.
Renting doesn't change your financial duties. Your strata fees, and any special levy, are still yours to pay — see who pays strata fees when you rent out your unit.
Buying to rent is simpler now. Rental ratios no longer legally cap you, but they can still matter for financing and resale, so it's worth understanding how rental ratios affect buying in BC.

The short version: the hardship exemption solved a problem that Bill 44 has largely dissolved. Knowing the history still helps — it explains why your bylaws read the way they do — but for most owners in small Metro Vancouver and Fraser Valley buildings, the path to renting is now far clearer than it used to be.

Frequently asked questions

Do I still need a hardship exemption to rent out my strata unit in BC? Generally, no. Since Bill 44 removed rental-restriction bylaws in late 2023, most stratas can no longer cap or ban long-term rentals, so the hardship route is rarely necessary. Always confirm your building's current bylaws with your strata manager or a lawyer before you assume anything.

Can my strata still stop me from renting on Airbnb? Often, yes. Bill 44 dealt with long-term rentals, not short-term ones, so a strata can still restrict short-term and vacation rentals through its bylaws. Provincial short-term rental rules add a further layer, so check both before listing.

Are our old rental-restriction bylaws still valid if they're written in our bylaws? Usually not enforceable, even if the words are still there. An unenforceable bylaw doesn't automatically disappear from your registered documents, so council should repeal it to avoid confusion. Until then, treat long-term rental caps and bans as dead letters and confirm with a lawyer if in doubt.

What happened to the old hardship hearing process? For long-term rentals it's largely moot, because it existed to relieve owners from restrictions that no longer apply. Your broader right to a council hearing on other matters still exists and is worth knowing.

Did Bill 44 change anything besides rentals? Yes. It also narrowed most age-restriction bylaws, with a commonly cited exception for designated 55-and-over seniors' housing. The exact scope has nuances, so confirm the specifics that apply to your building.