Bylaws & Rules

The strata corporation is governed in three primary ways:

• Under the requirements and legal obligations set out in the Strata Property Act of British Columbia
• By way of a "Schedule of Standard Bylaws" as prescribed by the Strata Property Act or subsequently amended by the owners and registered in the Land Titles office
• By Rules, as drawn up from time to time by the strata council and later ratified by the owners

Strata corporations are the only form of communal housing for which legislation permits (even requires) the residents to govern themselves. Bylaws and rules “level the playing field”. Every owner should know them, abide by them and expect all other owners to do so. When owners do conform to the bylaws and rules, they save forcing their council, who are owners and neighbours, from the embarrassment and distasteful duty of enforcing them.

Owners can change the Bylaws and Rules. Nothing is “written in stone”, if an owner can convince a sufficient number of other owners to add, amend or delete a Bylaw or Rule by passing a resolution then it is “so written”. Of course, if the other owners do not agree, that too is democracy.

To adopt, amend or add to Bylaws, a formal 3/4 Vote Resolution must be presented at a properly convened Annual General Meeting and approved by 75% of those owners, eligible to vote and present in person or by proxy. After that, and subject to specific requirements of the Strata Property Act of British Columbia, the approved resolution is registered within the Land Titles office.

Rules may be approved by the strata council for observance by all residents and can relate ONLY to use of common area including parking, recreation areas, etc. They become effective immediately as soon as they are published in the Minutes of the Council Meeting. To remain in force, however, they must be ratified by a 51% majority vote at the next Annual General Meeting.

If the bylaws are not amended, the "Schedule of Standard Bylaws" of the Strata Property Act of British Columbia completes the bylaws of the Strata Corporation.

Failure to observe the Bylaws and Rules may result in fines being applied against the strata lot owner's account.

Concerns:

First & foremost, if you have a Bylaw or Rules concern with your neighbor, speak to them before contacting council.

It is important to address the strata council in writing* if you have a concern that you would like a resolution to.

Some common reasons that cause owners to write to their council are:

• A neighbor has violated one of the bylaws or rules and as a result is interfering with the enjoyment of your property
• You feel the council should address a maintenance concern
• You are dissatisfied with the management and are not getting proper resolution
• You have topics that you would like to be addressed by the strata council, whether it is suggestions for improvements, cost saving measures or future planning

What to include in your letter* to council:

• Your Name
• Unit Number
• Your Concern or Suggestion
• Supporting Data. For example if you are concerned because your neighbor is breaking a bylaw or rule, state the rule or bylaw In violation, along with the dates, times and details of the occurrence.
• Picture(s)
• Your proposed resolution

Communicating with the strata council in writing ensures that your suggestion or concern will be addressed at the next strata council meeting.

Proper procedure is that your council will respond to your concern and provide the resolution in writing.

Before the strata corporation imposes a fine for contravening a bylaw or rule, it must (1) receive a complaint; (2) give the owner (or tenant) details of the complaint in writing; and (3) provide a reasonable opportunity for the owner (or tenant) to answer the complaint. A reasonable opportunity to answer the complaint may include a hearing in front of the council, if the owner (or tenant) requests a hearing. If the person complained of is a tenant, the strata corporation must give notice of the complaint to the landlord and to the owner, if the landlord and the owner are not the same. Once the strata corporation has complied with (1), (2) and (3), it makes its decision and gives notice in writing of its decision to the person complained of. Then the strata corporation may impose a fine.

*email constitutes "in writing" or "a letter"