More Perspectives on Short-Term Rentals Regulations

The Semmler v The Owners Strata Plan NES3039 case in British Columbia involved a strata corporation with two by-laws that prohibited the use of strata lots for business purposes and short-term rentals of less than 30 days. The owner of a strata lot, Ms. Semmler, continued to advertise her lot for short-term rentals despite the by-law, leading to fines from the strata corporation. The court decided in favor of the owner, stating that short-term rentals were considered licenses rather than rentals, and the strata lot was not being used for business purposes. However, this decision is not binding in Ontario, where a different approach has been taken regarding short-term rentals. The case provides useful insight into how courts are handling the changes in the short-term rental market and their impact on condominium and strata corporations in Canada.