BC strata bylaws: An in-depth guide

What are strata bylaws?

Strata bylaws are the governing rules that outline how a strata corporation operates, setting expectations for residents, owners, and tenants. These bylaws dictate everything from the use of common property to noise restrictions and pet rules. They serve as the foundation for maintaining order and helping the community function smoothly.

In British Columbia, strata corporations are legally required to have bylaws, which must be registered with the Land Title Office to be enforceable. If a strata does not file its own bylaws, the Standard Bylaws — created by the provincial government — automatically apply. However, many strata corporations choose to customize their bylaws to align with the specific needs and values of their community.
 

Why are strata bylaws important?

BC strata bylaws play a crucial role in maintaining the livability and sustainability of a strata community.

• Promoting harmony: By clearly outlining expectations, strata bylaws help reduce conflicts between residents.
   
• Protecting property values: Rules governing property modifications and maintenance contribute to a well-maintained community, which can help maintain or increase property values.
   
• Clarifying responsibilities: Bylaws define the obligations of both the strata council and individual owners, helping to prevent misunderstandings.
   
• Supporting enforcement: They provide the legal framework for enforcing rules, including issuing fines for violations.

New to strata council or looking for best practices? Check out our webinar, Strata Council 101. This session covers essential topics like council responsibilities, meeting management, operational best practices, and how to navigate day-to-day governance effectively. Gain valuable insights that can help your strata run smoothly — watch now!
 

How are strata bylaws created and changed?

Strata bylaws can be established in two ways: they can be filed by the original owner-developer when the strata is first created, or they can be amended by the owners to better reflect the community’s evolving needs.

Strata corporations can amend bylaws with approval from at least 75% of eligible voters at a general meeting. However, there are exceptions for newly formed stratas:

• Before the second annual general meeting (AGM): Wholly residential stratas require a unanimous vote to amend bylaws. Mixed-use stratas with separate sections can amend bylaws with a 3/4 vote.
   
• After the second AGM: Most bylaw amendments require approval by a 3/4 vote.

In British Columbia, all bylaws must be filed with the Land Title Office before they take effect. Once the amendment is filed, all owners and tenants must be provided with an updated copy of the bylaws. Strata corporations should periodically review their bylaws to make sure they align with provincial regulations and the community’s needs.

BC strata corporations should always consult their attorney when drafting or amending bylaws to support compliance with the Strata Property Act.
 

Common strata bylaws

Bylaws can cover a wide range of topics, but some of the most common include:

• Pet restrictions: Some strata corporations limit the number, size, or type of pets allowed.
   
• Short-term rentals: Regulations may restrict or prohibit platforms like Airbnb.
   
• Age restrictions: Some strata communities require residents to be 55+.
   
• Renovation approvals: Many strata bylaws require owners to get permission before making changes to their unit.
   
• Parking regulations: Rules on visitor and resident parking are common.

Each strata corporation can tailor these rules to fit the needs of its residents, provided they comply with provincial laws.
 

The difference between strata bylaws and rules

Strata corporations may also have rules, which differ from bylaws in important ways. Bylaws govern the rights and responsibilities of owners and tenants, and they must be registered with the Land Title Office. Rules apply only to the use of common property and do not require registration, but they must be ratified by a majority vote at the next annual or special general meeting to remain in effect.

For example, a strata bylaw could dictate whether pets are allowed in private units, while a rule might require that all pets be leashed in common areas.
 

How strata bylaws are enforced

The strata council is responsible for enforcing bylaws and may take different steps when violations occur. Typically, the process begins with a written warning, giving the resident an opportunity to address the issue before further action is taken. If the violation continues, the council may impose fines in accordance with BC regulations. These fines vary depending on the bylaw in question, with some infractions carrying higher penalties than others.

In cases where fines or warnings do not resolve the issue, the strata council may escalate enforcement through the Civil Resolution Tribunal or even legal proceedings.
 

Strata bylaw fines and enforcement

To maintain order, strata councils can impose fines for bylaw infractions. The fines must comply with the Strata Property Act, which sets the following maximum amounts:

• $1,000 per day for violations of short-term rental bylaws.
   
• $200 per offense for other bylaw violations.
   
• $50 per offense for rule violations.

Most bylaw violations can be fined repeatedly (usually every seven days if the offence continues), but fines for short-term rental bylaw violations can be imposed daily under BC regulations. However, before any penalties are issued, the resident must be given written notice of the alleged violation and the opportunity to respond. This due process is crucial to maintaining fairness and transparency in bylaw enforcement. Failure to follow due process can result in fines being overturned by the Civil Resolution Tribunal.
 

Strata bylaw considerations for BC residents

If you own or live in a strata property in BC, it’s important to be familiar with your strata’s bylaws. Owners and tenants should receive a copy of the bylaws upon moving in, and any amendments should be communicated promptly. Strata corporations should review their bylaws periodically to determine that they remain relevant and compliant with evolving laws.
 

Need guidance on strata bylaws?

Navigating, creating, and enforcing sensible rules for your strata corporation can seem complex. But it doesn’t have to. A strata management company will have the knowledge and experience to assist your strata council. Find out how we can help!

For more information on how FirstService Residential can support your strata, contact our team today.