Strata Bylaws

Strata bylaws in British Columbia are governed by the Strata Property Act (SBC 1998, c. 43) and its Regulation. Bylaws are subordinate to the Strata Property Act, meaning any bylaw that conflicts with the Act or its Regulation is unenforceable to the extent of that conflict. Every strata corporation in BC must have bylaws, and in the absence of a registered bylaw on a particular matter, the Standard Bylaws set out in the Strata Property Regulation apply by default.

Strata bylaws and any amendments to them must be filed at the Land Title Office in British Columbia, as required under the Strata Property Act. A buyer or their licensee can obtain a copy of the current registered bylaws by conducting a title search through BC Land Title and Survey or by requesting a Form B Information Certificate from the strata corporation, which the strata must provide within a prescribed period under the Strata Property Act. Reviewing bylaws before completing a purchase is a standard part of the pre-completion due-diligence process in BC.

Yes, under the Strata Property Act a strata corporation may pass bylaws that restrict pets, including limiting the number, size, or breed of animals an owner may keep in a strata lot. However, a bylaw that completely prohibits a pet already residing in a strata lot at the time the bylaw is passed may not apply to that pet during its lifetime, subject to the specific wording of the bylaw and any grandfather provisions. Buyers who own or plan to own pets should review the strata's current registered bylaws carefully before completing a purchase.

Under amendments to the Strata Property Act that came into force on November 24, 2022, strata corporations in BC can no longer enforce rental restriction bylaws that limit or prohibit long-term residential rentals. Bylaws or resolutions that restricted rentals to a fixed number or percentage of units, or that prohibited rentals outright, became unenforceable as of that date. Strata corporations may, however, still enforce bylaws that regulate the conduct of tenants and the obligations of owners who rent their strata lots.

Yes, a strata corporation in BC may pass bylaws that restrict or prohibit short-term rentals, which are generally understood as rentals for periods shorter than the threshold specified in the bylaw or applicable municipal regulations. The 2022 amendments to the Strata Property Act that removed long-term rental restrictions do not prevent strata corporations from regulating short-term vacation-style rentals. Buyers who intend to use a strata property for short-term rental purposes should verify both the strata's current registered bylaws and the applicable municipal bylaws before completing a purchase.

Under the Strata Property Act, most strata bylaws can be amended by a three-quarter vote of eligible voters at an annual or special general meeting of the strata corporation. Once passed, bylaw amendments must be filed at the Land Title Office to become enforceable against owners and occupants. Certain matters, such as changes affecting limited common property or other specified provisions, may require different approval thresholds under the Strata Property Act or the strata's own bylaws, so the specific bylaw text and the Act should be consulted.

A Form B Information Certificate is a document that a strata corporation must provide to an owner or their authorized agent upon request, as prescribed under the Strata Property Act and its Regulation. The Form B must be accompanied by, among other things, a copy of the strata corporation's current bylaws and rules, making it a key document for buyers conducting pre-completion due diligence. The strata corporation is required to provide the Form B within a prescribed number of days of receiving a request, and a licensee acting for a buyer should obtain and review it before the completion date.

Under the Strata Property Act, bylaws govern the operation of the strata corporation and the use and enjoyment of strata lots and common property, and amendments require a three-quarter vote and registration at the Land Title Office. Strata rules, by contrast, regulate the use and enjoyment of common property and common assets and can be created or amended by a majority vote of the strata council without Land Title Office registration, though they must be consistent with the Act, its Regulation, and the strata's bylaws. Both bylaws and rules are provided to buyers as part of the Form B package.

Yes, under the Strata Property Act a strata corporation may impose fines on owners or occupants who contravene the strata's bylaws or rules, provided the corporation has followed the Act's required process for giving notice and an opportunity to be heard. The maximum fine amounts are set out in the Strata Property Regulation, and strata corporations may only levy fines up to those prescribed maximums unless the Regulation provides otherwise; consult the current Strata Property Regulation or the BC Government for the exact figures in force. Repeated or continuing contraventions may allow for additional daily fines as prescribed.

Under the Real Estate Services Act (RESA) and the standards set by the British Columbia Financial Services Authority (BCFSA), a licensee acting for a buyer has a duty to act in the buyer's best interests, which includes taking reasonable steps to obtain and bring to the buyer's attention information that could materially affect the buyer's decision, such as pet restrictions, rental restrictions, or renovation approval requirements found in the strata bylaws. A licensee should obtain the strata's current registered bylaws and Form B Information Certificate as part of the standard pre-completion review process. The BCFSA's published practice guidelines and the RESA Rules provide further guidance on a licensee's professional obligations in strata transactions.