Strata Bylaws

Strata bylaws are the rules that govern the operation and use of a strata corporation's property and common property, created under the Strata Property Act, SBC 1998, c. 43. They are passed by a resolution of the strata corporation and registered at the Land Title Office. Bylaws must not conflict with the Strata Property Act or Strata Property Regulation; any bylaw provision that does conflict is unenforceable.

Yes. Under the Strata Property Act, SBC 1998, c. 43, a strata corporation may pass bylaws restricting or prohibiting the keeping of pets, including rules about number, size, or breed. However, section 123 of the Act prohibits bylaws that prevent certain assistance or service animals for persons with disabilities, and section 144 allows a court to declare a bylaw significantly unfair. Buyers should review a strata's bylaws carefully if they own or plan to own a pet.

Yes. The Strata Property Act, SBC 1998, c. 43, permits strata corporations to pass bylaws that restrict or prohibit rentals, including short-term rentals, subject to certain limitations. For example, section 143 protects existing owners who rented before a rental restriction bylaw was passed (the 'rental restriction bylaw' provisions). Verify the exact terms of any rental restriction bylaw with a BC lawyer or notary, as these can significantly affect a buyer's ability to rent out their unit.

Strata bylaws are registered at the Land Title Office and can be obtained as part of a title search or strata document package. Under section 36 of the Strata Property Act, SBC 1998, c. 43, a buyer (or their representative) is entitled to request a copy of the bylaws and other strata records from the strata corporation. Most buyers' real estate licensees or lawyers will order a full strata information package, including bylaws, as part of their due diligence during the subject-removal period.

Under sections 125–128 of the Strata Property Act, SBC 1998, c. 43, strata bylaws are created or amended by a resolution passed by a three-quarters vote at an annual or special general meeting. Bylaws take effect when filed at the Land Title Office. The strata council cannot amend bylaws; only the owners voting at a general meeting can do so.

Any bylaw provision that conflicts with the Strata Property Act, SBC 1998, c. 43, or the Strata Property Regulation is unenforceable. Section 121 of the Act provides that bylaws must not contravene the Act, the regulations, or the Human Rights Code. If a buyer or owner believes a bylaw is invalid, significantly unfair, or in conflict with the Act, they should verify their rights with a BC lawyer or notary.

Yes. Under sections 129–135 of the Strata Property Act, SBC 1998, c. 43, a strata corporation may enforce bylaws by levying fines (after proper notice and hearing) or seeking a court order for compliance. Owners are responsible for ensuring that their tenants and guests also comply with the strata's bylaws and rules. Fines and enforcement procedures must follow the procedural fairness requirements set out in the Act and bylaws.

Yes. Under section 26 of the Strata Property Act, SBC 1998, c. 43, tenants must comply with the Act, the regulations, the bylaws, and the rules of the strata corporation. Owners are responsible for any contravention of the bylaws by their tenants, occupants, or visitors. Landlords should provide tenants with a copy of current bylaws and rules to avoid enforcement issues.

Under the Strata Property Act, SBC 1998, c. 43, bylaws are passed by a three-quarters vote of owners at a general meeting and must be filed at the Land Title Office (sections 125–128). Rules are made by the strata council under bylaw authority, require only majority council approval, do not need to be registered, and typically address day-to-day operational matters (section 125). Both are enforceable, but bylaws take precedence over rules if there is a conflict.

Strata bylaws can materially affect a property's suitability and value by restricting pets, rentals (including short-term rentals), parking, renovations, and other uses. Under the Real Estate Services Act, SBC 2004, c. 42, and the RESA Rules, a buyer's representative must help the buyer understand material facts, and reviewing bylaws is a standard due-diligence step during the subject-removal period. Buyers should verify how specific bylaw provisions may affect their intended use of the property with a BC lawyer or notary before removing subjects.