Strata Corporation Bylaws and Rules (22:X) - Revision history

LSLAP at 19:46, 13 October 2025

2025-10-13T19:46:07Z

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	{{REVIEWED LSLAP \| date= ~~August 1, 2024~~}}		{{REVIEWED LSLAP \| date= 24 July 2025}}
	{{LSLAP Manual TOC\|expanded = strata}}		{{LSLAP Manual TOC\|expanded = strata}}

LSLAP at 18:11, 29 September 2025

2025-09-29T18:11:01Z

Show changes

LSLAP: /* 7. Prohibited and Unenforceable Bylaws */

2024-08-04T00:08:17Z

7. Prohibited and Unenforceable Bylaws

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	Any bylaw that contravenes the ''SPA'', the ''SPR'', the ''Human Rights Code'', or any other enactment or law is unenforceable (SPA, ss 121(1) and 141). More restrictions include:		Any bylaw that contravenes the ''SPA'', the ''SPR'', the ''Human Rights Code'', or any other enactment or law is unenforceable (SPA, ss 121(1) and 141). More restrictions include:

	* Bylaws cannot destroy or modify an easement under s 69 of the ''SPA'';		* Bylaws cannot destroy or modify an easement under section 69 of the ''SPA'';
	* Bylaws cannot prohibit or restrict the right of an owner to freely sell, lease, mortgage, or otherwise dispose of the strata lot or an interest in the strata lot;		* Bylaws cannot prohibit or restrict the right of an owner to freely sell, lease, mortgage, or otherwise dispose of the strata lot or an interest in the strata lot;
	* Bylaws cannot prohibit or restrict short-term accommodations.		* Bylaws cannot prohibit or restrict short-term accommodations.

LSLAP: /* F. Acceptable Bylaws */

2024-08-04T00:08:05Z

F. Acceptable Bylaws

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	Section 28(2) of the ''SPA'' permits a strata corporation to allow a class of persons, other than those referred to in s 28(1), to be strata council members. This does not permit a strata corporation to create a bylaw reserving positions on a strata council for owners of a section or type of strata lot.		Section 28(2) of the ''SPA'' permits a strata corporation to allow a class of persons, other than those referred to in s 28(1), to be strata council members. This does not permit a strata corporation to create a bylaw reserving positions on a strata council for owners of a section or type of strata lot.

	Section 28(3) permits a strata corporation by bylaw to prohibit a person from standing for strata council or continuing as a strata council member with respect to a strata lot if the strata corporation is entitled to register a lien against that strata lot under s. 116(1).		Section 28(3) permits a strata corporation by bylaw to prohibit a person from standing for strata council or continuing as a strata council member with respect to a strata lot if the strata corporation is entitled to register a lien against that strata lot under section 116(1).

	=== 2. Voting and Quorum ===		=== 2. Voting and Quorum ===

	Section 53(2) permits a strata corporation by bylaw to prohibit a vote being exercised for a strata lot, except on matters requiring a unanimous resolution, if the strata corporation is entitled to register a lien against that strata lot under s. 116(1). That strata lot’s vote must not be considered for the purposes of determining a quorum (s. 53(3)).		Section 53(2) permits a strata corporation by bylaw to prohibit a vote being exercised for a strata lot, except on matters requiring a unanimous resolution, if the strata corporation is entitled to register a lien against that strata lot under section 116(1). That strata lot’s vote must not be considered for the purposes of determining a quorum (s 53(3)).

	Section 48(2) provides that a quorum for an AGM or SGM is eligible voters holding 1/3 of the strata corporation’s votes, present in person or by proxy unless there are fewer than four strata lots or four owners (in which case it is eligible voters holding 2/3 of the strata corporation’s votes present in person or by proxy).		Section 48(2) provides that a quorum for an AGM or SGM is eligible voters holding 1/3 of the strata corporation’s votes, present in person or by proxy unless there are fewer than four strata lots or four owners (in which case it is eligible voters holding 2/3 of the strata corporation’s votes present in person or by proxy).

LSLAP: /* c) Hearings */

2024-08-04T00:05:07Z

c) Hearings

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	A strata council does not need to grant a hearing in every possible circumstance. In [https://www.canlii.org/en/bc/bccrt/doc/2018/2018bccrt91/2018bccrt91.html ''Hales v The Owners, Strata Plan NW 2924'', 2018 BCCRT 92], the strata council was justified in denying an owner a hearing due to the following facts:		A strata council does not need to grant a hearing in every possible circumstance. In [https://www.canlii.org/en/bc/bccrt/doc/2018/2018bccrt91/2018bccrt91.html ''Hales v The Owners, Strata Plan NW 2924'', 2018 BCCRT 92], the strata council was justified in denying an owner a hearing due to the following facts:

	1. The owner has not been fined, nor has he been penalized;		# The owner has not been fined, nor has he been penalized;
	2. The owner has made previous requests and was granted a hearing;		# The owner has made previous requests and was granted a hearing;
	3. The owner acted abusively at the August 2015 hearing and the council could expect the same conduct at the four requested hearings;		# The owner acted abusively at the August 2015 hearing and the council could expect the same conduct at the four requested hearings;
	4. The owner wished to discuss alleged contraventions of the strata and reparations to the owner due to the alleged contravention; and		# The owner wished to discuss alleged contraventions of the strata and reparations to the owner due to the alleged contravention; and
	5. The reasons for the requests were with respect to the governance of the strata and would be more properly addressed at a meeting of the owners, or by majority direction of the owners.		# The reasons for the requests were with respect to the governance of the strata and would be more properly addressed at a meeting of the owners, or by majority direction of the owners.

	== E. Miscellaneous Issues on Bylaws and Rules ==		== E. Miscellaneous Issues on Bylaws and Rules ==

LSLAP: /* d) Recovery of Legal Costs */

2024-08-03T23:57:10Z

d) Recovery of Legal Costs

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	==== d) Recovery of Legal Costs ====		==== d) Recovery of Legal Costs ====

	Generally, the requirement for an offending person fined under s 130 to pay reasonable costs of remedying the contravention does not include legal costs, as it includes, at most, tariff costs. The courts have been moving away from this approach, as can be seen in [https://canlii.ca/t/hmshf ''Strata Plan KAS 2428 v Baettig'', 2017 BCCA 377], where the court concluded that reasonable legal costs may be recoverable under section 133 as the purpose of the section is to ensure that those owners who comply with the bylaws and rules are not made to carry the burden of financially remedying infractions committed by other owners. This principle was further discussed in [https://canlii.ca/t/hvk3j ''Strata Plan NWS3075 v Stevens'', 2018 BCSC 1784], and has continued to be applied since.		Generally, the requirement for an offending person fined under section 130 to pay reasonable costs of remedying the contravention does not include legal costs, as it includes, at most, tariff costs. The courts have been moving away from this approach, as can be seen in [https://canlii.ca/t/hmshf ''Strata Plan KAS 2428 v Baettig'', 2017 BCCA 377], where the court concluded that reasonable legal costs may be recoverable under section 133 as the purpose of the section is to ensure that those owners who comply with the bylaws and rules are not made to carry the burden of financially remedying infractions committed by other owners. This principle was further discussed in [https://canlii.ca/t/hvk3j ''Strata Plan NWS3075 v Stevens'', 2018 BCSC 1784], and has continued to be applied since.

	==== e) Denial of Access to Recreational Facility ====		==== e) Denial of Access to Recreational Facility ====

LSLAP: /* c) Injunctions */

2024-08-03T23:56:49Z

c) Injunctions

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	==== c) Injunctions ====		==== c) Injunctions ====

	S 133 states that the strata corporation may do what is reasonably necessary to remedy a contravention of its bylaws and rules. This includes an injunction. For example, injunctions have been granted against owners from commencing further appeal court actions against the strata corporation ([https://www.canlii.org/en/bc/bcca/doc/2010/2010bcca463/2010bcca463.html ''Bea v The Owners, Strata Plan LMS 2138'', 2010 BCCA 463]), and against owners to do things that have led to them constantly and continually contravening bylaws.		Section 133 states that the strata corporation may do what is reasonably necessary to remedy a contravention of its bylaws and rules. This includes an injunction. For example, injunctions have been granted against owners from commencing further appeal court actions against the strata corporation ([https://www.canlii.org/en/bc/bcca/doc/2010/2010bcca463/2010bcca463.html ''Bea v The Owners, Strata Plan LMS 2138'', 2010 BCCA 463]), and against owners to do things that have led to them constantly and continually contravening bylaws.

	==== d) Recovery of Legal Costs ====		==== d) Recovery of Legal Costs ====

LSLAP: /* a) Fines */

2024-08-03T23:51:50Z

a) Fines

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	Standard Bylaw 23 states that the maximum a strata lot owner or tenant can be fined is $50 for each bylaw contravention and $10 for each rule contravention. However, a strata corporation can set out in its bylaws a different maximum amount it may fine an owner or tenant for a contravention for a bylaw or rule (s 132(1)). A strata corporation can also set out in its bylaws the frequency at which fines may be imposed for a continuing contravention of a bylaw or rule (s 132(2)(b)). However, section 7.1 of the ''SPR'' limits the maximum amount a strata corporation may set out in its bylaws at $200 for each contravention of a bylaw, and $50 for each contravention of a rule, with a maximum frequency of once every seven days for a continuing contravention. A notable exception is in the case of a bylaw prohibiting or limiting the use of a residential strata lot as vacation accommodation, whereby the ''SPR'' allows a maximum fine of $1,000 to be imposed daily.		Standard Bylaw 23 states that the maximum a strata lot owner or tenant can be fined is $50 for each bylaw contravention and $10 for each rule contravention. However, a strata corporation can set out in its bylaws a different maximum amount it may fine an owner or tenant for a contravention for a bylaw or rule (s 132(1)). A strata corporation can also set out in its bylaws the frequency at which fines may be imposed for a continuing contravention of a bylaw or rule (s 132(2)(b)). However, section 7.1 of the ''SPR'' limits the maximum amount a strata corporation may set out in its bylaws at $200 for each contravention of a bylaw, and $50 for each contravention of a rule, with a maximum frequency of once every seven days for a continuing contravention. A notable exception is in the case of a bylaw prohibiting or limiting the use of a residential strata lot as vacation accommodation, whereby the ''SPR'' allows a maximum fine of $1,000 to be imposed daily.

	Standard Bylaw 24 states that if an activity that constitutes a contravention of a bylaw or rule continues, without interruption, for longer than seven days, a fine may be imposed every seven days. Intermittent but consistent issues like noise complaints are not a continuing contravention: see [https://canlii.ca/t/~~jv1rz~~ ''Strata Plan VR 2000 v Grabarczyk'', 2006 BCSC 1960 (Chambers)].		Standard Bylaw 24 states that if an activity that constitutes a contravention of a bylaw or rule continues, without interruption, for longer than seven days, a fine may be imposed every seven days. Intermittent but consistent issues like noise complaints are not a continuing contravention: see [https://canlii.ca/t/1q9hh ''Strata Plan VR 2000 v Grabarczyk'', 2006 BCSC 1960 (Chambers)].

	The courts have been reluctant to award the total fines levied if the aggregate total fines are substantial, like in [https://www.canlii.org/en/bc/bcsc/doc/1999/1999canlii6382/1999canlii6382.html ''Kok v Strata Plan LMS 463 (Owners)'', 1999 CanLII 6382 (BCSC)], when the court said: “The imposition of fines does not serve to correct, remedy, or cure violations of the Bylaws but, rather, their purpose is to discourage violations of the Bylaws.		The courts have been reluctant to award the total fines levied if the aggregate total fines are substantial, like in [https://www.canlii.org/en/bc/bcsc/doc/1999/1999canlii6382/1999canlii6382.html ''Kok v Strata Plan LMS 463 (Owners)'', 1999 CanLII 6382 (BCSC)], when the court said: “The imposition of fines does not serve to correct, remedy, or cure violations of the Bylaws but, rather, their purpose is to discourage violations of the Bylaws.

LSLAP: /* 1. Bylaws and Governance */

2024-08-03T23:45:39Z

1. Bylaws and Governance

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	=== 1. Bylaws and Governance ===		=== 1. Bylaws and Governance ===

	A strata corporation must have bylaws (''SPA'', s 119(1)) and the bylaws may provide for the control, management, maintenance, use and enjoyment of the strata lots, common property, and common assets of the strata corporation and for the administration of the strata corporation (119(2)).		A strata corporation must have bylaws (''SPA'', s 119(1)) and the bylaws may provide for the control, management, maintenance, use and enjoyment of the strata lots, common property, and common assets of the strata corporation and for the administration of the strata corporation (s 119(2)).

	=== 2. Differences Between Bylaws and Rules ===		=== 2. Differences Between Bylaws and Rules ===

LSLAP at 23:45, 3 August 2024

2024-08-03T23:45:18Z

← Older revision		Revision as of 23:45, 3 August 2024
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	{{REVIEWED LSLAP \| date= ~~July 24~~, ~~2023~~}}		{{REVIEWED LSLAP \| date= August 1, 2024}}
	{{LSLAP Manual TOC\|expanded = strata}}		{{LSLAP Manual TOC\|expanded = strata}}