October 2016
Suite occupancy rules are intended to protect all condo residents. They help to prevent overcrowding and having condo owners subsidize those suites with higher occupancy.
Condo by-laws may limit the number of people who can reside in a condo suite – perhaps two people in a one-bedroom suite and four people in a two-bedroom suite. This may be a hard rule with no exceptions or a soft rule that can be overridden with approval. There may be higher condo fees to compensate for the cost of increased occupancy.
Occupancy that exceeds what is allowed typically results in heavier use of utilities and common areas. Heavier use results in additional costs that should appropriately be charged to that suite.
A Vancouver couple has sought to oppose their eviction based on over-occupancy on the grounds of human rights. Their suite had a maximum occupancy of two people. The couple was aware of this when purchasing their suite. They moved in with a young daughter despite the bylaw. Their case is pending.
