Should a family member tenant file a Form K?
A strata building has the rental restriction bylaws, but a family member (the owner's parent /children or the owner's spouse' parent/children) can be exempt from the rental bylaw per the Strata Property Act. The question is if the said family members should file a Form K - Notice of Tenants' Responsibilities with the strata corporation? The answer is yes. Why?
Per the definition of the Strata Property Act, if an owner does not reside in a strata lot, anyone else there is defined as the tenant. It does not matter if rent is involved in or not. Accordingly, a family member is a tenant technically if the owner does not reside over there.
The Act allows that a strata lot, which has a family member reside there, exempts from the restriction of the rental bylaw, but there is no provision that such a strata lot is also exempt from the requirements of filing a Form K. Therefore, a family member must file a Form K because:
1. It is a rental unit, but exempted from restriction of the rental bylaws only.
2. Any rental units must file their Form K and the rental strata lot of a family member does not exempt from this provision.