Stratify Your Plex | Bylaws Before Sale
Write the Bylaws Before You Sell
The bylaws you file with your strata plan are the bylaws your buyers live with until the second annual general meeting, because until then any change needs every owner to agree. If you file nothing, the Standard Bylaws in the Strata Property Act apply. This page sets out what those Standard Bylaws say, what the law lets a strata of 2 to 6 units set for itself, the limits every bylaw has, and how changes are filed later. It gives the law only. Have a lawyer or notary draft the wording.
The Short Answer
- 01Every strata starts with the Standard Bylaws in the Schedule to the Strata Property Act. Bylaws that differ are filed with the strata plan on Form Y (s.120, s.245).
- 02In a strata where every lot is residential, no bylaw can be changed before the second annual general meeting (AGM) without a unanimous vote (s.127). So the bylaws you file are the bylaws your buyers live with for the first years.
- 03After that, a change needs a 3/4 vote and has no effect until Form I is filed at the Land Title Office (s.128). A strata of 7 units or fewer can file Form I by mail.
- 04A strata cannot restrict long-term rentals (s.141), and an age bylaw must set a minimum age of 55 or more (s.123.1). It can limit or ban short-term rentals, with fines of up to $1,000 a day (Regulation s.7.1).
- 05A bylaw that breaks the Act, the Regulation or the Human Rights Code is not enforceable to that extent, even after the Land Title Office accepts it (s.121).
Why the Timing Matters
Three rules in the Act fix the bylaws in place for the first years of a new strata.
Before the first sale, the owner developer holds every lot and may pass resolutions alone (s.8). Bylaws that differ from the Standard Bylaws can be filed with the plan itself on Form Y (s.245).
After the first sale and before the first AGM, contracts between the strata and the owner developer need a unanimous vote at a special general meeting (s.10), and most other resolutions that would need a 3/4 vote need a unanimous vote instead (s.11).
In a strata where every lot is residential, no bylaw can be amended before the second AGM without a unanimous vote (s.127(1)). The first AGM falls within 6 weeks of the earlier of two dates: when 50% plus one of the lots are sold, or 9 months after the first sale (s.16). The second AGM is held within 2 months after the end of the strata's fiscal year (s.40). So the bylaws on file at the first sale stay in place for at least that long unless every owner agrees.
In a 2 to 6 unit strata, unanimous means one owner can stop any change, and no court can override one holdout on a unanimous vote in a strata under 10 lots (s.52). The timeline page shows where these dates fall.
How Bylaws Go In With the Plan
The Standard Bylaws apply to every strata, except where different bylaws are filed at the Land Title Office (s.120). For a new strata, those different bylaws go in with the strata plan on Form Y, together with Form V (unit entitlement) and Form X (the strata's mailing address) (s.245).
In an electronic filing, the Land Title and Survey Authority (LTSA) takes an image of Form Y attached to a Strata Property Act Filing form, with the electronic Application to Deposit Plan (Land Title Practice Manual 245). The strata plan page lists every form filed with the plan.
A filed bylaw changes only the parts it addresses. If your Form Y sets a pet bylaw and nothing else, the other Standard Bylaws still apply.
What the Standard Bylaws Say
These are the defaults a strata gets when it files no bylaws of its own. SB means Standard Bylaw.
| Topic | Standard Bylaw | Source |
|---|---|---|
| Strata fees | Due on or before the first day of the month. | SB 1 |
| Owner repairs | The owner repairs their lot, and the limited common property they use, except what the strata repairs. | SB 2 |
| Pets | Up to 2 caged birds, and one dog or one cat, plus small aquarium animals and caged small mammals. | SB 3(4) |
| Alterations to a lot | Written approval needed for changes to structure, exterior, balconies, outside doors and windows, fences and railings, and parts the strata insures. | SB 5 |
| Changes to common property | Written approval needed, limited common property included. | SB 6 |
| Entry to a lot | 48 hours' notice before the strata enters a lot. | SB 7 |
| Strata repairs | Structure and exterior of the building, and limited common property work that comes less often than once a year, plus balconies, windows and fences. | SB 8 |
| Council | 3 to 7 members, or every owner if there are fewer than 4 lots or fewer than 4 owners. | SB 9 |
| Council quorum | 2 members for a council of 2 to 4. | SB 16 |
| Council minutes | Sent to owners within 2 weeks of the meeting. | SB 19 |
| Tie-break | The president breaks a tie, except in a strata of 2 lots, at council and at general meetings. | SB 18(2), 27(6) |
| Fines | Up to $50 for each bylaw breach and $10 for each rule breach. A continuing breach can be fined every 7 days. | SB 23, 24 |
The Standard Bylaw fines of $50 and $10 sit below the Regulation's caps of $200 for a bylaw breach and $50 for a rule breach. Several Standard Bylaws already fit a small building: every owner is on council below 4 lots or 4 owners, and a 2-lot strata has no tie-breaking vote. The rules by size page shows each of these at 2 to 6 lots.
What the Law Lets a Small Strata Set
Bylaws can cover the control, management, maintenance, use and enjoyment of the strata lots, common property and common assets, and how the strata is run (s.119). The table lists topics where the Act or the Regulation names what a bylaw may do. It states the law only, with no suggested wording.
| Topic | What the law allows | Source |
|---|---|---|
| Fee due date and late interest | A different payment schedule. Interest on late fees of up to 10% a year, compounded yearly, if a bylaw sets it. | SB 1; Regulation s.6.8 |
| Repair split for limited common property | The Act makes the strata repair common property unless a bylaw makes the owner who uses it responsible. | Act s.72 |
| Spending without a vote | If the bylaws are silent, council can spend outside the budget up to the lesser of $2,000 or 5% of the operating fund. A bylaw can set a different limit. | Act s.98 |
| Fines | Up to $200 for each bylaw breach and $50 for each rule breach. Up to $1,000 a day for a short-term rental bylaw. | Regulation s.7.1 |
| Who can sit on council | A bylaw can add other groups (the Province's examples are spouses not on title and owners' children) or bar an owner whose lot can be liened for unpaid money. | Province of BC, strata councils |
| Pay for council members | Allowed only if approved in advance: in the budget, in the bylaws, or by a 3/4 vote. The Standard Bylaws give no pay. | Act s.34 |
| Short-term rentals | A bylaw can limit or ban them. The Province uses "less than 90 consecutive days" for short-term. | Regulation s.7.1; Province of BC |
| Age of residents | Only a minimum age of 55 or more. Existing residents, caregivers, and some family members are exempt. | Act s.123.1, s.123.2; Regulation s.7.01 |
| Flooring, plumbing and electrical work | The Province says many stratas have bylaws on these changes inside a lot. | Province of BC, living in a strata |
Some things need no bylaw at all. Owners can attend meetings by telephone or online without a bylaw that allows it (s.49). A strata can recover an insurance deductible from the owner responsible for a loss under s.158 without a bylaw. The insurance page explains how.
Limits Every Bylaw Has
A bylaw is not enforceable to the extent that it breaks the Act, the Regulation, the Human Rights Code or any other law, removes one of the built-in easements for support, services and shelter, or limits an owner's right to sell, lease or mortgage a lot (s.121). Two exceptions are allowed: bylaws on how a sale is shown, and 55-plus age bylaws.
The Land Title Office does not review the bylaws it accepts. The Province's bylaw page says "just because a bylaw has been accepted for filing does not necessarily mean that it is enforceable."
Rentals and Age
Long-term rentals: barred
A 2022 change to the Strata Property Act, in force November 24, 2022, repealed the sections that let a strata restrict rentals. Section 141 now says a strata must not screen tenants or otherwise restrict the rental of a strata lot. The old rental disclosure statement (Form J) was repealed too. The strata can still give tenants Form K, the Notice of Tenant's Responsibilities.
Short-term rentals: can be limited or banned
A bylaw passed by a 3/4 vote can limit or ban short-term rentals. The fine can be up to $1,000 for each contravention, every day (Regulation s.7.1). The Province's short-term rental page, published January 2, 2025, describes short-term as less than 90 consecutive days. Before the second AGM, adding such a bylaw needs a unanimous vote, so an owner developer who wants one in place at the first sale files it on Form Y.
Age bylaws: 55 or older only
An age bylaw is allowed only with a minimum age of 55 or more (s.123.1). People who live in the strata when the bylaw passes, and their caregivers, are exempt (s.123.2). Since May 1, 2023, children of a qualifying resident, adults that resident raised, and spouses are exempt as well (Regulation s.7.01).
Bylaws, Rules and Fines
Council can make rules on the use, safety and condition of common property. A rule ends at the next AGM unless owners ratify it by majority vote, and a bylaw wins over a rule (s.125). Rules suit small matters that may change, such as garbage day. Bylaws suit matters you want fixed.
Before the strata fines anyone, it must have a complaint, give the person the details in writing, and give them a chance to answer, including a hearing if they ask (s.135). It may give a warning or time to comply first (s.129). Council must enforce the bylaws (s.26); the Act gives it no power to waive one.
Best For
- ✓ Owner developers who want the first owners to start with rules that fit a 2 to 6 unit building
- ✓ Buildings with features the Standard Bylaws do not address, such as one yard per unit
- ✓ Plexes where pets, short-term rentals or flooring will matter to buyers
Usually Fails When
- ✕ The plan is deposited with the Standard Bylaws and the first sale closes before anyone reads them
- ✕ A bylaw restricts long-term rentals or sets an age limit under 55
- ✕ A bylaw change is voted on but never filed on Form I
What To Verify Before Spending Money
- → Every bylaw against s.121 and the Human Rights Code before filing
- → The repair split for limited common property against your strata plan
- → Whether you will file bylaw changes by mail (7 units or fewer) or through a subscriber
Changing Bylaws Later: Form I
After the second AGM, a bylaw change needs a 3/4 vote at a general meeting (s.128(1)). It has no effect until Form I, the Amendment to Bylaws, is filed at the Land Title Office (s.128(2)). The old 60-day filing deadline was repealed in 2009.
The LTSA fee is $33.53 under "General Filing, Amendment", which names a notice of change of bylaws under the Strata Property Act. An electronic filing adds $3.55, or $2.20 on a prepaid account.
A small strata has a second way to file. The Province says a strata with 7 units or fewer can file Form I by mail to the New Westminster land title office, with a copy of the amended bylaws and a covering letter. A strata with more than 7 lots must file electronically through a subscriber, such as a lawyer, notary or land surveyor.
Owners and tenants can ask the strata for a copy of the bylaws and rules, which it must give within 1 week for at most 25 cents a page. A Form B Information Certificate lists bylaw changes passed but not yet filed, so a buyer sees them before closing. The bylaws page covers running a strata under its bylaws.
Common Questions
Can a developer write custom strata bylaws? +
Yes. Bylaws that differ from the Standard Bylaws are filed with the strata plan on Form Y (Strata Property Act s.245). The Standard Bylaws apply to anything the filed bylaws do not change (s.120).
What is Form Y in a strata plan? +
Form Y is the form for bylaws that differ from the Standard Bylaws, filed with the strata plan at the Land Title Office. In an electronic filing, the Land Title and Survey Authority (LTSA) takes an image of Form Y attached to a Strata Property Act Filing form.
When can the bylaws of a new strata be changed? +
In a strata where every lot is residential, no bylaw can be amended before the second AGM without a unanimous vote (s.127). From then on, a 3/4 vote is enough, and the change has no effect until Form I is filed (s.128).
How do you change strata bylaws in BC? +
Pass a 3/4 vote at a general meeting, then file Form I, the Amendment to Bylaws, at the Land Title Office. The change has no effect until it is filed (s.128). The LTSA fee is $33.53, plus $3.55 for an electronic filing ($2.20 on a prepaid account).
What bylaws apply if a strata never filed its own? +
The Standard Bylaws in the Schedule to the Strata Property Act. They cover fees, repairs, pets, alterations, council, meetings and fines, and apply to every strata except where different bylaws have been filed (s.120).
Can strata bylaws restrict rentals in BC? +
No. Since a 2022 change to the Strata Property Act, a strata must not screen tenants or otherwise restrict the rental of a strata lot (s.141). Short-term rentals are the exception: a strata can limit or ban them by bylaw.
Can a strata ban short-term rentals? +
Yes. A bylaw passed by a 3/4 vote can limit or ban them, and the fine for breaking it can be up to $1,000 for each contravention, every day (Strata Property Regulation s.7.1). The Province describes short-term as less than 90 consecutive days.
Can a small strata be 55 plus? +
Yes, if the bylaw sets a minimum age of 55 or more (s.123.1). People living there when the bylaw passes and their caregivers are exempt (s.123.2), and so are children of a qualifying resident, adults that resident raised, and spouses (Regulation s.7.01).
How many pets do the Standard Bylaws allow? +
Up to 2 caged birds and one dog or one cat, plus small aquarium animals and small caged mammals (Standard Bylaw 3(4)). A strata can file a different pet bylaw.
Are strata bylaws enforceable? +
Yes, once filed and within the law. The strata can fine, fix the problem and charge the cost, or deny use of a recreation facility. Before a fine, it must have a complaint, give the person the details in writing, and give them a chance to answer, including a hearing if asked (s.135).
Does creating some bylaws nullify the BC strata act? +
No. A bylaw is not enforceable to the extent that it breaks the Act, the Regulation, the Human Rights Code or any other law, or limits an owner's right to sell, lease or mortgage a lot (s.121). The Land Title Office does not review bylaws it accepts, so a filed bylaw can still be unenforceable.
Can a small strata file bylaw changes by mail? +
Yes. The Province says a strata with 7 units or fewer can file Form I by mail to the New Westminster land title office, with a copy of the amended bylaws and a covering letter. A strata with more than 7 lots files electronically through a subscriber such as a lawyer, notary or land surveyor.
Can strata council waive a bylaw? +
The Act gives council no power to waive a bylaw. Council must enforce bylaws and rules (s.26), and before enforcing it may give a warning or time to comply (s.129). A bylaw changes only by an owner vote filed at the Land Title Office.
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