How Far Can a BC Strata Council Go in Making and Enforcing Bylaws?

You may have received a notice that you broke a bylaw, or heard that your council plans to change the rules. It is natural to ask whether the council can actually do that, or whether owners must vote first.

In British Columbia, a strata council has real powers, but they have limits. This article explains in plain words what councils can enforce, what usually needs an owner vote, and when a bylaw can be set aside.

This article covers the law of British Columbia.

What a council can and cannot do on its own

A council runs the strata day to day and enforces the bylaws and rules. It is not free to write whatever rules it likes. Which vote is needed depends on the type of decision, as the examples below and the table in the next section show.

For example, a strata can replace the standard pet bylaw by passing its own pet bylaw and filing it in the Land Title Office, and that amendment needs a 3/4 vote under s. 128. Filed bylaw amendments, court orders and special resolutions show up in the Land Title Office general index.

Some spending is different. Council may spend contingency reserve fund money without an owner vote only where it is needed to ensure safety or prevent significant loss or damage, limited to what that requires, or to pay an insurance deductible for required repairs.

Which decisions need an owner vote

A special levy resolution must state the purpose, the total amount, how each lot's share is calculated, each lot's amount and the due dates. If a levy for a common property repair needed for safety or to prevent significant loss gets majority support but less than 3/4, the strata may apply to the BC Supreme Court for an order approving it.

When a bylaw is invalid or unenforceable

A bylaw is unenforceable to the extent it contravenes the Strata Property Act, the regulations, the Human Rights Code or other law, or restricts an owner's right to freely sell, lease, mortgage or dispose of a lot. A bylaw can be partly enforceable and partly not.

• Rental restrictions: since November 24, 2022, no strata may have a residential rental-restriction bylaw, and existing ones are invalid.
• Short-term rentals are an exception: bylaws limiting or banning them are still allowed with a 3/4 vote.
• Age limits: a strata cannot restrict the age of residents, except a bylaw requiring one or more residents to reach a specified age, which cannot be below 55.
• Age-bylaw exemptions apply to residents already living there before the bylaw, caregivers and prescribed classes, including children and younger spouses or partners.
• Pets: a bylaw restricting pets does not apply to a guide dog or service dog.

How fines and enforcement work

Fines have rules of their own. The bylaws must state a maximum fine, and the strata may fine only after receiving a complaint, giving written particulars and giving you a reasonable opportunity to answer, including a hearing if you request one.

Ordinary fines are capped at $200 per bylaw contravention and $50 per rule contravention, while a short-term rental bylaw can set fines up to $1,000 per contravention, imposed daily for continuing contraventions. A strata cannot register a lien for fines or remedy costs. Unpaid fines can still be included in a Certificate of Payment (Form F).

What to do next

• Read the bylaw or rule in question and check whether it was properly filed and has been amended since.
• Ask for strata records, such as minutes and bylaws, which the strata must provide within 2 weeks, or one week for bylaws and rules.
• Check the minutes to see whether the vote the strata relied on actually happened and what the result was.
• If you were fined, compare what happened with the complaint, particulars and chance to answer steps.
• If the rule seems to conflict with the Act or the Human Rights Code, speak with a lawyer before paying or ignoring it.

Frequently asked questions