The hardship exemption is sometimes used when a strata owner is trying to get around the strata corporation’s rental restriction bylaws. If “hardship” can be proved, then the owner will be allowed to rent out their condo regardless of the rental restrictions that the strata corporation might have in place.
You must make the application for exemption in writing
Indicate whether or not you would like to request a hearing. If you request a hearing, then Council must hold the hearing within 4 weeks of receiving the request.
If no hearing is requested, Council then has two weeks to provide a response. If Council doesn’t respond, then you will be permitted to rent out your strata lot.
It will up to you as the owner to provide enough evidence to prove personal hardship to the Strata Council and Strata Management. You will need to show that not being able to rent out your strata unit will cause you hardship, which may be different from what may cause hardship to another persons. You may have to show some of the following;
1. Account statements
2. Tax returns and T4’s proving your income
3. Mortgage statements
4. Employment letter
5. You may have to show recent comparable sales, and prove while selling your strata lot instead of renting it out will cause you hardship, as may be the case if the current slow real estate market.
Your end game is to have the strata council say yes to you, so don’t hide anything, and ensure that they have enough information to make an informed decision!
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