Friday July 11, 2025
This article is provided for general informational purposes only and does not constitute legal, financial, or real estate advice. Laws change frequently and vary by province. Readers should consult with a qualified professional for advice specific to their individual circumstances.What are strata bylaws?
BC strata bylaws govern how residents and owners use their property and common areas within a strata corporation. In British Columbia, these bylaws are created under the authority of the Strata Property Act and can cover a wide range of issues, including pet ownership, noise levels, parking, short-term rentals, and renovation rules. Every strata corporation starts with a set of standard bylaws, but these can often be amended by a 3/4 vote of the owners. Once filed with the Land Title Office, custom bylaws may be legally binding and enforceable, unless they conflict with provincial or federal laws. That's when a strata bylaw may be considered unenforceable.Bylaws vs rules
Strata bylaws and strata rules serve different purposes. Bylaws govern the rights and responsibilities of owners and residents, including things like pet policies, noise, and the use of strata lots. Rules apply only to common property and are meant to help manage day-to-day use, such as how shared spaces like gyms or pools are used. While both may be enforceable, bylaws carry more weight legally and can affect ownership rights, whereas rules are more operational in nature.Bylaws carry more weight legally and are registered with the Land Title Office. Rules are not. While both can be enforced through fines or other consequences, an unenforceable bylaw may be more serious from a legal standpoint, as it can directly affect owner rights and duties. It's important for strata councils to understand which category a regulation belongs to, and to treat them accordingly.
What makes a strata bylaw unenforceable?
A strata bylaw is unenforceable if it contradicts the Strata Property Act, the BC Human Rights Code, or any other law. Even if a bylaw is passed by a 3/4 vote and filed correctly, it has no legal standing if it violates higher legislation. Common triggers that render bylaws unenforceable include discrimination, unreasonable restrictions on property rights, privacy violations, or attempts to bypass rights granted under provincial or federal law.Examples of potentially unenforceable strata bylaws
Some of the most common types of unenforceable strata bylaws in British Columbia include:- Discriminatory bylaws: Any bylaw that treats someone unfairly based on protected classes such as race, gender, family status, or disability is likely unenforceable under the Human Rights Code.
- Inconsistently enforced bylaws: Enforcing strata bylaws selectively or inconsistently can undermine their legitimacy and open the council to legal challenges.
- Rental restrictions beyond what the law allows: As a result of changes to the Strata Property Act in 2022, most strata corporations can no longer restrict rentals. Any bylaw that bans or limits rentals may now be considered unenforceable strata bylaw language.
- Restrictions on assistance animals: Bylaws that ban assistance animals may be unenforceable, even if the strata has a general "no pets" policy.
- Privacy violations: Bylaws that require owners or tenants to share private information beyond what is allowed under the Personal Information Protection Act (PIPA) may be unenforceable.
- Prohibiting signage related to sales: A bylaw that prohibits all "For Sale" signs may be unenforceable, with some exceptions for reasonable limitations on placement or size.
Why unenforceable strata bylaws create risk for strata corporations
Unenforceable strata bylaws create legal, financial, and reputational risk for strata corporations. When a bylaw contradicts the law and is enforced anyway, the corporation may face challenges from owners. This can lead to overturned fines, legal costs, and administrative delays. In some cases, enforcing an unenforceable strata bylaw could lead to claims of discrimination or a formal complaint under the Human Rights Code. Even when well-intentioned, a bylaw that crosses legal lines opens the door to conflict. Regular bylaw reviews and updates are the best way to reduce this risk and maintain trust in the governance of the strata community.Best practices for avoiding unenforceable strata bylaws
The best way to avoid unenforceable strata bylaws is to align your bylaw development process with current law. Here are some ways strata councils can reduce risk:- Consult your legal counsel before drafting or amending bylaws.
- Review the Strata Property Act and Human Rights Code any time a new bylaw is proposed.
- Avoid blanket bans and language that may be perceived as targeting specific groups unfairly.
- Keep a record of how bylaws are communicated, voted on, and filed.
- Update bylaws regularly to reflect changes in legislation.