Quick links
- Strata Property Act: s. 119-138 Bylaws and rules
- Schedule of Standard Bylaws
- BC Strata Housing: Strata bylaws and rules explained
- Stratasphere: A Practical Guide to Bylaws (10th Edition)
What’s the difference between a bylaw and a rule?
Strata corporations may have rules but they must have bylaws.
Bylaws: The bylaws may provide for the control, management, maintenance, use and enjoyment of the strata lots, common property and common assets of the strata corporation and for the administration of the strata corporation. Stratas are not allowed to have rental restriction bylaws.
Rules: The strata corporation is not required to have rules but it may. Rules can be about the use, safety and condition of the common property and common assets. For example, the strata could make rules that set out the speed limit for driving though the parking lot, the permitted areas for pets to relieve themselves, the hours that the gym is open, the price to purchase a fob, or the cost to book the clubhouse. Rules can only pertain to the common property, not strata lots. For example a requirement that all window coverings in strata lots be white would have to be a bylaw, not a rule.
Amount of fines: Fines for a contravention (breach) of a bylaw are higher than for a breach of a rule. The bylaws set the maximum amount of fines. Strata Property Regulation 7.1 says that the maximum amount that a strata corporation may set out in its bylaws as a fine for the contravention of a bylaw or rule is:
- $200 for each contravention of a bylaw
- $50 for each contravention of a rule
- and in the case of a bylaw that prohibits or limits use of all or part of a residential strata lot for remuneration as vacation, travel or temporary accommodation (short-term rental accommodations), $1,000 for each contravention of the bylaw
Voting threshold: Passing a bylaw requires a ¾ vote at an annual or special general meeting (AGM or SGM). Whereas a strata council may pass a rule by majority vote at a council meeting. The rule goes into effect right away (except for a rule that charges a fee). After it’s made, a rule has to be ratified by a majority vote of the owners at the next AGM or SGM to continue to be in effect. Once a rule has been ratified, it is in effect until it is repealed or replaced without the need for further ratification. If a rule is about a fee such as the cost to purchase a key or fob, the strata cannot charge the fee until the rule is ratified.
Filing at the Land Title Office: Bylaws must be filed at the Land Title Office to be in effect. Rules are not filed at the Land Title Office but must be set out in a written document that is capable of being photocopied. A copy of the rules (if any) must be attached to a Form B Information Certificate.
If a rule conflicts with a bylaw of the strata corporation, the bylaw prevails.
Do the Standard Bylaws apply to my strata?
All strata corporations have bylaws even if they have never adopted their own bylaws. The Standard Bylaws are the default bylaws of all strata corporations such as duplexes, townhouses, condos, bare land, and commercial stratas. All Standard Bylaws apply except where different bylaws have been registered with the Land Title Office (SPA s. 120).
For example, the Standard Bylaws allow an owner, tenant or occupant to have a maximum of one dog or one cat. The strata corporation could amend the bylaw to allow more or fewer dogs or cats, or ban them.
What is the required vote to amend bylaws?
The SPA requires approval by a 3/4 vote of the eligible voters present in person or by proxy at an annual or special general meeting (AGM or SGM) to create, amend, or repeal a bylaw. (SPA s 126-128)
- In a strata plan composed of only residential strata lots or of only non-residential lots, a single 3/4 vote is required.
- In a strata plan composed of both residential and non-residential lots, amendments to the bylaws of the strata corporation must be approved by a 3/4 vote of the residential strata lots and a 3/4 vote of the non-residential strata lots (or as otherwise provided in the bylaws for the non-residential strata lots). This is the case even if sections have not been created. If one or both of the votes fails to pass by a ¾ vote, the resolution to create or amend the bylaw fails.
- If a strata corporation has bylaws that created legal sections such as Section 1 (condominium section), Section 2 (townhouse section), Section 3 (commercial section), each section is like a mini strata corporation and may pass bylaws pertaining only to that section without requiring the approval of the other sections.
The strata corporation must inform owners and tenants of any amendment to the bylaws as soon as feasible after the amendment is approved (SPA s. 128).
What are some typical bylaw amendments?
Every strata is different and its bylaws will depend on the wishes of its owners. You might see the Standard Bylaws (SB) amended to:
- SB3: Expand on bylaws about use of property and noise
- SB3: Ban or change the number of pets permitted
- SB 9: Change the size of council or allow other classes of persons to be council members
- SB 5 and 6: Add details for the process to obtain approval before altering a strata lot or common property
- SB 21: Add spending restrictions
- SB 23: Increase the maximum amount of fines for the contravention of a bylaw or rule
There are quite a few things that are not covered in the Standard Bylaws. Many stratas create bylaws about:
- Insurance, claims, and deductibles
- Smoking restrictions
- Replacing flooring
- Move-in/out procedures
- Use of parking stalls and lockers and wait list procedures, if applicable
- Use of electrical vehicle charging stations
- Appearance such as the colour and type of window coverings
- Items in yards, patios, or balconies such as patio umbrellas, potted plants, wind chimes, and bird feeders
- Barbecues
- Flags (While bylaws may ban or only allow certain flags, the National Flag of Canada Act provides that a strata corporation is “encouraged” to allow the Canadian flag to be displayed)
- Election signs (Under the Canada Elections Act and BC Election Act election signs must be allowed, however strata corporation bylaws may set reasonable conditions relating to the size or type of election signs that may be displayed and prohibit them in common areas)
Do bylaws have to be filed at the Land Title Office?
Bylaws are not in effect until they are filed at the Land Title Office. Since electronic filing is required for strata corporations of 8 or more units, only a professional with a LTSA Enterprise account such as a lawyer, notary, or land surveyor can file bylaws or other documents. Strata corporations with 7 units or less can file SPA forms, including amendments to your strata’s bylaws, by mail to the New Westminster land title office. See LTSA about strata transactions.
A Form I – Amendment to Bylaws is submitted with the bylaws attached. The Form I certifies that the amendments to the bylaws were approved by a 3/4 vote resolution passed in accordance with SPA s. 128 at an annual or special general meeting held on [date]. All filings received by the Land Title Office are recorded in the general index. No records are deleted from the general index, so older bylaws that have been subsequently repealed or replaced remain on file. To avoid confusion, stratas can adopt a new set of bylaws to completely repeal and replace older versions.
The Land Title Office doesn’t check bylaws for compliance with the SPA.
Any bylaws that aren’t filed at the Land Title Office are not enforceable.
If a new bylaw is adopted, are some residents “grandfathered”?
When a a new bylaw is adopted or an existing bylaw is amended, it applies to all owners. The SPA includes two exceptions:
Age restriction bylaws
SPA s. 123.1 says that a strata corporation may pass a bylaw that requires one or more persons residing in a strata lot to have reached a specified age that is not less than 55 years. This bylaw does not apply to a person who resided in the strata lot immediately before the bylaw was passed and the person continues to reside in the strata lot after the bylaw is passed. The exception applies to the person, not the strata lot. Learn more about age restriction bylaws and exemptions.
Pet restriction bylaws
SPA s. 123 contains similar wording regarding pets that lived with the owner, tenant, or occupant before a pet-restriction bylaw was passed.
The exception applies to the pet, not the strata lot. Any new pets after the bylaw was passed have to comply with the bylaws. For example if a bylaw was passed banning all pets, an owner who had a pet before the bylaw was passed could keep the pet for its lifetime. However the owner would not be able to get another pet.
Are some rules and bylaws unenforceable?
Bylaws and rules are not enforceable if they contravene the Strata Property Act (SPA), the regulations, the Human Rights Code, or any other enactment or law.
It’s recommended to have a lawyer review the proposed bylaws before owners vote on them. It’s confusing for owners, tenants, purchasers, and council members when there are bylaws that contravene the SPA, are vague or contradictory, or are otherwise unenforceable.
While rules might seem simpler, it’s common for strata councils to make mistakes when they create rules. It can save time and money in the long run to check with a lawyer to ensure the rule is legal and enforceable. If necessary, council can repeal or replace the rule and have the change ratified at the next general meeting.
Learn about fines and how bylaws and rules are enforced.
Member-only resources
Log in to your account to access the following resources. *Indicates a resource for corporate members only.
- Standard Bylaws convenience copy
- Purchasing documents from the Land Title Office
- Changing bylaws for changing times (slides)
- Changing bylaws for changing times (article)
- How to enforce strata bylaws (slides)
- How to enforce strata bylaws (webinar Q&A)*
- Bylaw enforcement (article by Shawn M. Smith)
- Bylaw enforcement (slides by Justin Hanson)
- Letter template bylaw complaint by owner or tenant
- Letter template for notice of complaint*
- Letter template to request a hearing
- Letter template for bylaw enforcement decision*
- Coming soon: Bylaw enforcement tracking sheet*
- Coming soon: Evidence worksheet*
