By Michael A. Jones - PREC* | Royal LePage Kelowna
A 55+ condo can look like a good fit when you are downsizing or moving to Kelowna. Less upkeep, a manageable floor plan and a location close to everyday needs may all appeal. Before you commit, check who can actually live there.
Perhaps your partner is younger. An adult child might need to move home. You may eventually need someone to live with you and provide care. The listing's "55+" label will not answer those questions by itself.
BC law allows certain younger people to live in age-restricted strata homes. The details depend on the registered bylaw, the household and the applicable exemption. This guide covers strata properties under BC's Strata Property Act, rather than every type of retirement housing or manufactured-home park.
Read the actual age bylaw
A BC strata corporation can have an age bylaw requiring one or more residents to be at least a specified age. That minimum must be 55 or older. A strata can choose a higher threshold, so do not assume every age-restricted building uses 55. The Act no longer permits minimum-age strata bylaws such as 19+ or 45+.
Look at the wording: does the bylaw require one resident, or more than one, to meet the minimum? Provincial exemptions still apply. A short description in a listing is a starting point for investigation, not the document to rely on. See sections 123.1 and 123.2 of the Strata Property Act.
Owning a condo and living in it are separate questions
These age bylaws regulate residents. A person under the minimum age can own a strata lot without necessarily having the right to live there.
For example, buying a condo at 52 for a planned retirement at 55 does not automatically let you move in immediately. You would need to meet the actual bylaw or an applicable exemption. Equally, putting an older relative on title does not make a younger occupant eligible if that relative does not live there.
BCFSA's Legal Update 2025 explains the distinction between the age of owners and the age of residents. Check the planned occupancy before making an offer, including any period when you intend to rent the home.
Who may qualify for an exemption
For the family exemptions, the regulations use the term "specified resident." This means someone living in the unit who meets the bylaw's age requirement or qualifies for the legacy-resident exemption described below. They may be an owner, tenant or other occupant.
A younger spouse or partner
The spouse of a specified resident is exempt from the age requirement. "Spouse" includes someone who is married to that resident or lives with them in a marriage-like relationship. For a couple aged 62 and 51 looking at a 55+ strata, the younger partner may therefore qualify through this exemption.
Children and adults who were in the resident's care
A child under 19 is exempt if a specified resident is one of the child's caregivers. A person aged 19 or older is exempt if they live with a specified resident who was one of their caregivers before they turned 19.
That can include an adult child moving back in with a parent. The test is more precise than "family members are allowed": a younger sibling, friend or other relative does not automatically qualify through the family exemption. These requirements are set out in section 7.01 of the Strata Property Regulation.
A live-in caregiver
The Act provides an exemption for someone living in the unit to care for another resident who depends on continuing assistance or direction because of disability, illness or frailty. It is the care arrangement and the resident's needs that matter. Simply describing a younger roommate as a helper does not establish that exemption.
A qualifying existing resident
The legacy-resident exemption protects someone who lived in the unit immediately before the age bylaw passed, was not breaching an age-restriction bylaw by living there, and continues living there afterward. It is personal to the qualifying resident. A seller's exemption does not transfer to a buyer with the condo.
The caregiver and legacy provisions appear in section 123.2 of the Act. These statutory exemptions should be considered even where an older set of bylaws does not describe them accurately.
Think beyond moving day
The family exemptions can matter years after a purchase. BCFSA explains that the changes effective May 1, 2023 addressed future children and partners, as well as adult children and former dependants returning home. This is an existing set of protections, not a new rule announced this year.
If your plan depends on an exemption, ask a BC strata lawyer what happens if the qualifying resident moves out, enters care or dies. Do not assume a living arrangement that qualifies today will continue on exactly the same basis after the household changes.
Separate visiting from moving in. An age bylaw about residents does not answer every question about guests, extended stays, guest suites or occupancy limits. Read the relevant provisions and get advice about any stay that could become a residency issue.
Human rights duties may also matter in an individual case. The BC Human Rights Tribunal's strata guidance explains the duty to accommodate. A buyer should get advice about their particular needs rather than assume a blanket exemption.
Five checks before you commit
- Get the current documents. Request the registered bylaws and amendments, recent council and general-meeting minutes, and the Form B information package. Look for proposed changes as well as rules already in force.
- Write down your intended household. List who will live there now, their relationship to one another and any realistic future family or care arrangement. You do not need to disclose private medical details casually to sellers or other residents.
- Identify the basis for each person's residency. Check whether the bylaw itself permits the arrangement or whether an exemption is needed. Ask your lawyer what facts or supporting information are relevant.
- Resolve uncertainty before removing subjects. Ask your REALTOR to help obtain records and raise questions with the strata. Get legal advice on disputed or unclear wording, and discuss an appropriate contract condition and review period before signing.
- Check how the home works in practice. An age designation does not promise step-free access, suitable bathrooms, healthcare or on-site support. Look at entrances, elevators, parking, storage and the space a visiting family member or caregiver might need.
For a wider review of the building's finances, documents and shared responsibilities, read What Every Buyer Needs to Know About Strata Living in BC.
Choose a home with room for your life to change
For downsizers and people relocating to the Okanagan, household fit deserves attention alongside price, strata fees and location. A smaller home can work well when its layout and occupancy rules support the people who will use it.
I suggest bringing these questions into the search early. It is easier to compare suitable buildings before an offer than to resolve a residency problem after moving.
Explore my Okanagan retirement and housing guide and guide to selling first or buying first when downsizing. If you are considering a strata home, contact me to discuss your housing search and the questions to investigate.
This article provides general information, not legal advice. Age bylaws, statutory exemptions and human rights obligations depend on the applicable law and the facts of each household. Confirm current documents and seek advice from a qualified BC strata lawyer before relying on an exemption or committing to a purchase. Michael A. Jones is a REALTOR with Royal LePage Kelowna, not a lawyer. Prepared with AI assistance; sources checked November 6, 2026.
*Personal Real Estate Corporation