The Strata Concept (22:III): Difference between revisions
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→D. Bylaws and Rules
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== D. Bylaws and Rules == | == D. Bylaws and Rules == | ||
Strata corporations must have bylaws | Strata corporations must have bylaws. Bylaws may provide for the control, management, maintenance, use, and enjoyment of the strata lots, common property, and common assets of the strata corporation. They may also govern the administration of the strata | ||
corporation (''SPA'', s | corporation (''SPA'', s 119). | ||
=== 1. Standard Bylaws === | === 1. Standard Bylaws === | ||
All strata corporations automatically adopt the Standard Bylaws except to the extent that different bylaws are filed in the Land Title Office (''SPA'', s 120(1)) | All strata corporations automatically adopt the Standard Bylaws except to the extent that different bylaws are filed in the Land Title Office (''SPA'', s 120(1)). | ||
The Standard Bylaws are listed in the Schedule of Standard Bylaws, found at the end of the ''SPA''. | The Standard Bylaws are listed in the Schedule of Standard Bylaws, found at the end of the ''SPA''. | ||
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The required threshold to approve bylaw amendments depends on the types of strata lot that make up the strata corporation (''SPA'', s 127): | The required threshold to approve bylaw amendments depends on the types of strata lot that make up the strata corporation (''SPA'', s 127): | ||
* In a strata plan composed only of residential strata lots, amendments must be passed by a ¾ vote | * In a strata plan composed only of residential strata lots, amendments must be passed by a ¾ vote; | ||
* In a strata plan composed only of non-residential strata lots, amendments must be passed by a ¾ vote unless another threshold is provided for in the bylaws | * In a strata plan composed only of non-residential strata lots, amendments must be passed by a ¾ vote unless another threshold is provided for in the bylaws; | ||
* In a strata corporation containing both types of strata lots, amendments must be approved by both the residential owners and the non-residential owners: the residential owners must pass the amendments by a ¾ vote, and the non-residential owners must pass the amendments by either a ¾ vote or an alternative threshold if provided for in the bylaws. | * In a strata corporation containing both types of strata lots, amendments must be approved by both the residential owners and the non-residential owners: the residential owners must pass the amendments by a ¾ vote, and the non-residential owners must pass the amendments by either a ¾ vote or an alternative threshold if provided for in the bylaws. | ||
=== 3. Unenforceable Bylaws === | === 3. Unenforceable Bylaws === | ||
A bylaw is unenforceable | A bylaw is unenforceable to the extent it does one or more of the following (''SPA'', s 121(1)): | ||
# Contravenes any law or enactment, such as the ''SPA'' or the '' | # Contravenes any law or enactment, such as the ''SPA'', the ''SPR'', or the ''Human Rights Code'', RSBC 1996, c 210 [''HRC'']. Note that a bylaw could contravene a law on its face (e.g., a bylaw that bans people of a certain race from owning strata lots would contravene the ''HRC'' on its face) or in its application (e.g., a bylaw banning dogs that does not make an exception for service dogs would contravene the ''HRC'' in its application); | ||
# Destroys or modifies an easement created under section 69 of the ''SPA''; | # Destroys or modifies an easement created under section 69 of the ''SPA''; or | ||
# Prohibits or restricts the right of an owner of a strata lot to freely sell, lease, mortgage or otherwise dispose of the strata lot or an interest in the strata lot. | # Prohibits or restricts the right of an owner of a strata lot to freely sell, lease, mortgage or otherwise dispose of the strata lot or an interest in the strata lot. | ||
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There are some further restrictions on the enforceability of bylaw amendments. For example: | There are some further restrictions on the enforceability of bylaw amendments. For example: | ||
* A bylaw that restricts rentals is unenforceable (''SPA'', s 141). However, vacation rentals such as Airbnb are considered licenses to occupy rather than leases, which means that bylaws regulating or restricting these rentals are allowed; | |||
* A bylaw that restricts pets cannot apply to any pet that, at the time the bylaw was passed, was already living with a resident without contravening any prior pet prohibition bylaws (''SPA'', s 123(2)); | * A bylaw that restricts pets cannot apply to any pet that, at the time the bylaw was passed, was already living with a resident without contravening any prior pet prohibition bylaws (''SPA'', s 123(2)); | ||
* A bylaw that restricts the age of strata lot residents is unenforceable, unless the bylaw is a requirement for one or more persons living in a strata lot to be aged 55 or older. Similarly to pet prohibitions, such a bylaw cannot apply to any person who, at the time the bylaw was passed, was already living in a strata lot without contravening any prior age restriction bylaws (''SPA'', ss 123.1, 123.2(a)); | * A bylaw that restricts the age of strata lot residents is unenforceable, unless the bylaw is a requirement for one or more persons living in a strata lot to be aged 55 or older. 19-plus bylaws are no longer allowed. Similarly to pet prohibitions, such a bylaw cannot apply to any person who, at the time the bylaw was passed, was already living in a strata lot without contravening any prior age restriction bylaws (''SPA'', ss 123.1, 123.2(a)); | ||
* An age restriction bylaw also cannot apply to any caregiver who resides in a strata lot for the purpose of caring for a person who requires caregivers due to disability, illness, or frailty (''SPA'', s 123.2(b)). | * An age restriction bylaw also cannot apply to any caregiver who resides in a strata lot for the purpose of caring for a person who requires caregivers due to disability, illness, or frailty (''SPA'', s 123.2(b)). | ||
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* A rule expires at the first annual general meeting after its creation, unless it is ratified by a majority vote at that annual general meeting or at a prior special general meeting. A ratified rule remains in force indefinitely until it is repealed, replaced, or amended; | * A rule expires at the first annual general meeting after its creation, unless it is ratified by a majority vote at that annual general meeting or at a prior special general meeting. A ratified rule remains in force indefinitely until it is repealed, replaced, or amended; | ||
* A strata corporation can only fine up to $50 for a breach of a rule, in contrast with the larger maximum fine for a breach of a bylaw (''SPR'', s 7.1(a)). | * A strata corporation can only fine up to $50 for a breach of a rule, in contrast with the larger maximum fine for a breach of a bylaw (''SPR'', s 7.1(a)). | ||
Rules are frequently used to govern common property amenities such as gyms and pools. Examples include rules dictating hours of operation, or rules prohibiting the use of glass in and around hot tubs. | |||
The strata corporation must inform owners and tenants of any new rules as soon as feasible (''SPA'', s 125(4)). | The strata corporation must inform owners and tenants of any new rules as soon as feasible (''SPA'', s 125(4)). | ||