Running a Small Strata | Bylaws
Strata Bylaws in a Small BC Multiplex
Strata bylaws are the rules every BC strata must have for how owners use their lots and the common property, and for how the strata is run. If your strata never filed its own set, the Standard Bylaws in the Strata Property Act apply. To change a bylaw, owners pass a 3/4 vote at a general meeting, and the change starts only when it is filed at the Land Title Office. This page covers the Standard Bylaws, the steps to change them, the vote at each building size, what no bylaw can do, rentals, fines, and where to find your own set.
The short answer
- 01Every strata must have bylaws (Strata Property Act s.119). The Standard Bylaws in the Act apply except where the strata has filed different bylaws at the Land Title Office (s.120).
- 02A bylaw change needs a 3/4 vote at an annual or special general meeting. It has no effect until an Amendment to Bylaws (Form I) is filed at the Land Title Office (s.128).
- 03A 3/4 vote counts the votes cast by eligible voters present in person or by proxy who do not abstain (s.1). In a 2-lot or 3-lot strata, one owner who votes no blocks it. In a 4-lot strata, 3 of 4 pass it.
- 04In an all-residential or bare land strata, no bylaw can change before the second annual general meeting without a unanimous vote (s.127).
- 05A strata cannot restrict long-term rentals (s.141, since November 24, 2022). It can still limit or ban short-term rentals by bylaw, with fines up to $1,000 a day (Regulation s.7.1).
- 06The strata must give an owner or tenant a copy of the bylaws and rules within 1 week of a request, for at most 25 cents a page (s.36; Regulation s.4.2).
What strata bylaws are
The Act says every strata corporation must have bylaws, and that they may cover the control, management, maintenance, use and enjoyment of the strata lots, common property and common assets, and the running of the strata (s.119). A new strata starts with the Standard Bylaws. When the owner developer files the strata plan, it may also file bylaws that differ from them (s.120(2)), on Form Y (s.245).
A strata also has rules. They are narrower than bylaws, and the table shows how the two differ.
| Bylaw | Rule | |
|---|---|---|
| What it can cover | The strata lots, common property and common assets, and how the strata is run (s.119) | Only the use, safety and condition of common property and common assets (s.125) |
| Who makes it | The owners, by a 3/4 vote at an annual or special general meeting (s.128) | The strata corporation, which in practice means council, with no owner vote (s.125) |
| When it starts | When Form I is filed at the Land Title Office (s.128(2)) | When made. It ends at the next annual general meeting unless owners ratify it by majority vote (s.125(6)) |
| If the two conflict | The bylaw wins (s.125(5)) | The rule gives way |
| Largest fine allowed | $200, or $1,000 for a short-term rental bylaw (Regulation s.7.1) | $50 (Regulation s.7.1) |
The Standard Bylaws in brief
These are the 30 bylaws in the Schedule to the Act, grouped by topic. They apply in any strata that has not filed different ones. Read the full text on BC Laws before you rely on a single line.
| Bylaw | Topic | What it says |
|---|---|---|
| 1 | Strata fees | Fees are due on or before the first day of the month. |
| 2 | Owner repairs | An owner repairs and maintains their own strata lot and any limited common property they use, except work the strata must do under bylaw 8. |
| 3 | Use of property and pets | No nuisance, unreasonable noise or illegal use. Pets on a lot: a reasonable number of fish and small caged mammals, up to 2 caged birds, and one dog or one cat. Animals on common property must be leashed or secured. |
| 4 | Tell the strata | A new owner gives the strata their name, lot number and outside mailing address within 2 weeks. |
| 5 | Changes to a lot | Written approval is needed before changing the structure, the exterior, outside doors and windows, fences around a yard, or parts the strata insures. The strata must not refuse without good reason. Does not apply in a bare land strata. |
| 6 | Changes to common property | Written approval is needed before changing common property, limited common property included. |
| 7 | Entry to a lot | In an emergency, no notice. Otherwise 48 hours' written notice with the date, time and reason. |
| 8 | Strata repairs | The strata repairs common property, common assets, the structure and exterior of buildings, and limited common property work that comes less than once a year. |
| 9 to 22 | Council | Council of 3 to 7, or every owner if there are fewer than 4 lots or 4 owners. Officers, meetings, quorum, spending limits and protection from personal liability for members who act honestly. |
| 23, 24 | Fines | Up to $50 for each bylaw breach and $10 for each rule breach. A breach that goes on for more than 7 days can be fined every 7 days. |
| 25 to 28 | General meetings | Who chairs, who may attend, voting cards, secret ballot on request, tie-breaks (none in a 2-lot strata) and the order of business. |
| 29 | Voluntary dispute resolution | A dispute can go to a small committee of owners if every party agrees. |
| 30 | Owner developer sales | An owner developer may post signs and use a lot as a display lot while lots are unsold. |
The Standard Bylaws set no rule on charging an insurance deductible back to an owner, on smoking, or on short-term rentals. A strata that wants one of those must pass and file its own bylaw. The repairs page explains bylaws 2, 5, 6 and 8 in detail, and the strata council page explains bylaws 9 to 22.
How to change strata bylaws in BC
A change can add, remove, replace or reword a bylaw (s.126). In an all-residential strata, these are the steps.
Write the exact wording
The notice of the meeting must include the proposed wording of every resolution that needs a 3/4 vote (s.45(3)). At the meeting, the wording can change only if the change is small and is itself approved by a 3/4 vote (s.50(2)).
Give at least 2 weeks' written notice
Notice goes to every owner, to lenders who filed a Form C request, and to tenants who hold the landlord's vote (s.45(1)). Notice that is mailed, emailed or put under the door counts as given 4 days later (s.61).
Hold the meeting and vote
Quorum is owners holding 2/3 of the votes if there are fewer than 4 lots or 4 owners, otherwise 1/3 (s.48(2)). The change passes with a 3/4 vote (s.128(1)(a)).
File Form I at the Land Title Office
The change has no effect until it is filed (s.128(2)). The Land Title Office fee is $33.53, plus $3.55 for an electronic filing ($2.20 on a prepaid account). The Province says a strata of 7 lots or fewer can mail Form I 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.
Tell owners and tenants
The strata must inform owners and tenants of the change as soon as feasible after the vote (s.128(4)).
There is no deadline to file. The old rule that a change had to be filed within 60 days was repealed on December 11, 2009. The change takes effect on the day it is filed. If a 3/4 resolution passes with the support of owners who hold less than 50% of all the strata's votes, the strata must wait one week before acting on it, and owners holding 25% of the votes can demand a special general meeting to vote on it again (s.51).
The vote at each building size
A 3/4 vote means at least 3/4 of the votes cast by eligible voters who are present in person or by proxy and who do not abstain (s.1). Each lot has one vote unless a Schedule of Voting Rights applies (s.53). The table assumes every owner attends and votes.
| Strata | Yes votes to pass a 3/4 vote | No votes that block it |
|---|---|---|
| 2 lots | 2 of 2 | 1 owner |
| 3 lots | 3 of 3 | 1 owner |
| 4 lots | 3 of 4 | 2 owners |
| 5 lots | 4 of 5 | 2 owners |
| 6 lots | 5 of 6 | 2 owners |
An owner who abstains is left out of the count, so in a 4-lot strata, 2 yes votes and 2 abstentions pass a 3/4 vote. An owner who stays home is also left out, as long as the meeting has a quorum.
If quorum is not present within 1/2 hour, the meeting stands adjourned to the same day and time the next week. If quorum is still missing within 1/2 hour then, the eligible voters present are the quorum (s.48(3)), unless your bylaws say otherwise. So an owner who never attends cannot stop a 3/4 vote by staying away. That rule does not help with a unanimous or 80% vote, which counts every eligible voter, present or not. The vote calculator runs the numbers for your building.
Before the second annual general meeting
In a bare land strata, or a strata where every lot is residential, no bylaw can change before the second annual general meeting unless the change passes by a unanimous vote (s.127(1)). A unanimous vote needs every eligible voter, so in that period one owner can stop any change. No court can override a single holdout on a unanimous vote in a strata under 10 lots (s.52).
So the bylaws filed with the strata plan stay in force until at least the second annual general meeting, unless every owner agrees to a change. These topics are worth settling in that first set.
- →Whether short-term rentals are limited or banned, and the fine (Regulation s.7.1).
- →Pet limits beyond Standard Bylaw 3, keeping in mind that a pet already living in a lot when a ban passes may stay (s.123).
- →Which parking stalls and storage go with which lot. Parking can be made limited common property before the first AGM (s.258).
- →What owners may change in their own lots and on limited common property, and who pays for upkeep afterwards (Standard Bylaws 5 and 6).
- →A voluntary dispute resolution process, which the Act allows in the bylaws (s.124).
- →Whether a 55-plus age bylaw fits the building, since that is the only age limit allowed (s.123.1).
The owner developer duties page covers the rest of what the developer controls before the first sale.
What a bylaw cannot do
A bylaw is not enforceable to the extent that it breaks the Act, the Regulation, the Human Rights Code or any other law, changes the built-in rights of support, services and shelter between lots (s.69), or limits an owner's right to sell, lease, mortgage or otherwise deal with their lot (s.121). Rules fail to the same extent (s.125(2)). The Land Title Office does not check bylaws for this. The Province warns that a bylaw accepted for filing is not always enforceable.
The Act names these limits directly:
- No restriction on renting a lot, no tenant screening and no approval of tenants (s.141).
- No age limit, except a bylaw that requires one or more residents to be 55 or older (s.123.1). People already living there, caregivers and some family members are exempt (s.123.2; Regulation s.7.01).
- A new pet ban does not apply to a pet already living in a lot when the bylaw passed, and no pet bylaw applies to a guide dog or service dog (s.123).
- A bylaw on selling a lot can set where signs go and when open houses happen, but cannot ban or unreasonably restrict those activities (s.122).
- A voluntary dispute resolution bylaw cannot force anyone to use it or give anyone the power to make a binding decision (s.124).
Rentals and short-term rentals
A 2022 change to the Strata Property Act, in force November 24, 2022, repealed the sections that let a strata pass rental restriction bylaws. Section 141 now says a strata must not screen tenants, set screening rules, require approval of tenants, require terms in tenancy agreements, or otherwise restrict the rental of a strata lot. Any rental limit still printed in an old bylaw set cannot be enforced. The rental disclosure form, Form J, was repealed as well.
A strata can still limit or ban short-term rentals by a bylaw passed by a 3/4 vote, with a fine of up to $1,000 for each breach, charged as often as daily (Regulation s.7.1). The Province's page describes short-term rentals as stays of less than 90 consecutive days.
A landlord who rents out a residential lot must give the tenant the current bylaws, the rules and a Notice of Tenant's Responsibilities (Form K) before the tenancy starts, and must give the strata a copy of the signed notice within 2 weeks (s.146). If the landlord does not, the tenant is still bound by the bylaws but may end the tenancy within 90 days of finding out, and the landlord pays moving costs of up to one month's rent. A tenant who keeps breaking a reasonable and significant bylaw can be given notice to end the tenancy (s.137, s.138).
Enforcing bylaws: fines and the hearing
To enforce a bylaw or rule, the strata can fine, do the work needed to fix the problem and charge the reasonable cost, or deny use of a recreation facility for a reasonable time (s.129, s.133, s.134). It may give a warning or time to comply first (s.129(2)).
Before any fine or charge, the strata must:
- have received a complaint about the breach;
- give the owner or tenant the details of the complaint in writing;
- give them a reasonable chance to answer, including a hearing if they ask for one. A hearing is a chance to be heard in person at a council meeting (Regulation s.7.2);
- for a tenant, give notice to the landlord and the owner (s.135(1)).
The decision goes to them in writing as soon as feasible (s.135(2)). Once those steps are done, the strata can keep fining a continuing breach without repeating them (s.135(3)). The fine amounts must be set in the bylaws and cannot go over the Regulation's limits: $200 a bylaw breach and $50 a rule breach, every 7 days at most, or $1,000 daily for a short-term rental bylaw (s.132; Regulation s.7.1). The Standard Bylaws set $50 and $10.
A council member accused of a breach must stay out of the decision, except where every owner is on council (s.136). That exception covers every strata with fewer than 4 lots or 4 owners. A strata cannot register a lien against a lot for unpaid fines (s.116(3)(c)). An owner who thinks a fine is unfair can ask council for a hearing and then go to the Civil Resolution Tribunal; see the disputes page.
Where to find your strata bylaws
Start with the strata. On request, it must give an owner, a tenant, or someone they authorize in writing a copy of the bylaws and rules within 1 week, for at most 25 cents a page. Looking at the records costs nothing (s.36; Regulation s.4.2).
The Land Title Office keeps the bylaws that were filed, listed in the strata plan's general index, and a registry agent can order them. The LTSA says the office "will not usually have the most recent copies of bylaws", so compare what you get with the strata's own set. The strata plan page explains how to find your plan number. If no different bylaws were ever filed, the Standard Bylaws are your bylaws.
Best For
- ✓ An owner developer who files bylaws that fit a 2 to 6 unit building with the strata plan, while it can still do so alone (s.120(2)).
- ✓ Small stratas that file every approved change on Form I right away and keep a dated copy of the full current set.
- ✓ Councils that follow the written complaint, answer and hearing steps every time before a fine (s.135).
Usually Fails When
- ✕ Owners agree to a change at a meeting and nobody files Form I. The change has no effect (s.128(2)).
- ✕ A filed bylaw still restricts long-term rentals. That part has been unenforceable since November 24, 2022 (s.141).
- ✕ Council fines an owner without first giving the complaint in writing and a chance to answer.
What To Verify Before Spending Money
- → The full filed bylaw set, from the strata or the plan's general index at the Land Title Office.
- → Whether any approved change was never filed.
- → Whether your own bylaws change the fine amounts, quorum or tie-break rules from the Standard Bylaws.
Common questions
What are strata bylaws? +
Strata bylaws are the rules a BC strata corporation must have for the control, management, maintenance, use and enjoyment of the strata lots, common property and common assets, and for running the strata (Strata Property Act s.119). They bind owners, tenants, occupants and visitors. If a strata has filed no bylaws of its own, the Standard Bylaws in the Act apply (s.120).
What are the strata bylaws in BC? +
Each BC strata has its own set: the Standard Bylaws in the Schedule to the Strata Property Act, changed by any different bylaws the strata or its owner developer filed at the Land Title Office (s.120). There is no single list for every strata. Ask your strata for its current set, which it must give you within 1 week (s.36; Regulation s.4.2).
What are the standard bylaws for a strata in BC? +
The Standard Bylaws are 30 numbered bylaws in the Schedule to the Strata Property Act. They cover strata fees due on the first of the month, owner and strata repairs, pets (one dog or one cat, up to 2 caged birds, fish and small caged mammals), approval before changes to a lot or common property, 48 hours' notice to enter a lot, council, fines of up to $50 and $10, general meetings and voluntary dispute resolution. They apply unless the strata filed different bylaws.
How do you change strata bylaws in BC? +
Give at least 2 weeks' written notice of a general meeting that includes the exact wording of the change (s.45). Pass it by a 3/4 vote of the votes cast by eligible voters present who do not abstain (s.128). Then file an Amendment to Bylaws (Form I) at the Land Title Office. The change has no effect until it is filed (s.128(2)). Before the second AGM, an all-residential strata needs a unanimous vote (s.127).
Are strata bylaws enforceable? +
Yes, once filed, to the extent they follow the law. A bylaw cannot be enforced to the extent it breaks the Strata Property Act, the Regulation, the Human Rights Code or any other law, or restricts an owner's right to sell, lease or mortgage a lot (s.121). To enforce a valid bylaw, the strata can fine, fix the problem and charge the cost, or deny use of a recreation facility, after giving the person the complaint in writing and a chance to answer (s.129, s.135).
How do I find my strata bylaws? +
Ask the strata in writing. It must give an owner or tenant a copy of the bylaws and rules within 1 week, for at most 25 cents a page (s.36; Regulation s.4.2). Filed bylaws are also listed in the strata plan's general index at the Land Title Office, but the LTSA says the office "will not usually have the most recent copies of bylaws". If your strata never filed its own bylaws, the Standard Bylaws apply.
Does creating some bylaws nullify the BC Strata Act? +
No. A bylaw cannot override the Strata Property Act. A bylaw is not enforceable to the extent it contravenes the Act, the Regulation, the Human Rights Code or any other law (s.121). Rules fail to the same extent (s.125(2)). The Province says that a bylaw accepted for filing at the Land Title Office is not always enforceable.
Can strata council waive a bylaw? +
No. The Act gives council no power to waive a bylaw; it must use the strata's powers "including the enforcement of bylaws and rules" (s.26). Before enforcing, the strata may give a warning or time to comply (s.129(2)). Only a 3/4 owner vote, filed at the Land Title Office, changes a bylaw.
Can a BC strata ban rentals? +
Not long-term rentals. Since a 2022 change to the Strata Property Act, in force November 24, 2022, a strata must not screen tenants, require approval of tenants or otherwise restrict the rental of a strata lot (s.141). The rental disclosure form (Form J) was repealed. A landlord must still give a tenant the bylaws, the rules and a Notice of Tenant's Responsibilities (Form K) before the tenancy starts (s.146).
Can a strata ban short-term rentals? +
Yes. A strata can limit or ban short-term rentals by a bylaw passed by a 3/4 vote. The fine can be up to $1,000 for each breach and can be charged daily (Regulation s.7.1(1)(c), (2)(b)). The Province's page describes short-term rentals as stays of less than 90 consecutive days.
What is the difference between a bylaw and a rule? +
Owners pass bylaws by a 3/4 vote, and a bylaw starts when it is filed at the Land Title Office (s.128). The strata makes rules without a vote, but only about the use, safety and condition of common property and common assets, and a rule ends at the next AGM unless owners ratify it by majority vote (s.125). A bylaw wins over a rule, and the largest fines are $200 for a bylaw and $50 for a rule (Regulation s.7.1).
Can one owner block a bylaw change in a small strata? +
In a 2-lot or 3-lot strata, yes, if that owner attends and votes no, because a 3/4 vote needs 2 of 2 or 3 of 3 when everyone votes. In a 4-lot strata, 3 of 4 pass it, so it takes 2 owners to block. Before the second AGM, any one owner can block a change in an all-residential strata, because the vote must be unanimous (s.127).
When does a new strata bylaw take effect? +
When the Amendment to Bylaws (Form I) is filed at the Land Title Office (s.128(2)). There is no deadline to file it; the old 60-day filing limit was repealed in 2009. Until it is filed, the change has no effect, even if owners voted for it.
How much can a strata fine for breaking a bylaw? +
Only as much as its bylaws set, up to the Regulation's limits: $200 for each bylaw breach, $50 for each rule breach, and $1,000 for a short-term rental bylaw. A continuing breach can be fined every 7 days, or daily for a short-term rental bylaw (Regulation s.7.1). Under the Standard Bylaws the limits are $50 and $10 (Standard Bylaws 23 and 24).
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