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Professional Standards Manual

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5. Strata Sales

(c) Restrictions on Use – Bylaws and Rules - View Entire Section

(II) Bylaws

Every strata corporation must have bylaws. The bylaws serve as the constitution of the strata corporation. The bylaws may provide for the control, management, maintenance, use and enjoyment of strata lots or common property and the administration of the strata corporation. The ability of a strata corporation to regulate the conduct of owners and their ability to use a strata lot is very broad.  

When a strata plan is deposited at the Land Title Office, the strata corporation acquires, by default, the Schedule of Standard Bylaws. All strata corporations that were created prior to the coming into force of the Strata Property Act that were relying on the Part 5 bylaws of the Condominium Act also acquired the Schedule of Standard Bylaws. Regulation 17.11 of the Strata Property Regulation provided that the Standard Bylaws are deemed to be the bylaws for all strata corporations created under the Condominium Act except to the extent that conflicting bylaws are filed in the land title office.

The developer, when depositing the strata plan, or later, the eligible voters of the strata corporation in a general meeting, may amend or repeal the Standard Bylaws and may create new bylaws. An amendment to the bylaws is not enforceable until it is filed at the Land Title Office. Bylaw amendments filed at the Land Title Office can subsequently be amended. This means that the bylaws of a strata corporation may consist of the Schedule of Standard Bylaws, or the Schedule of Standard bylaws plus any amendments filed in the Land Title Office, or only the amendments as filed in the Land Title Office, if the Standard Bylaws have been amended or disapplied.

Bylaw amendments must be approved by the owners at a general meeting by 3/4 vote.

It is useful to know that only bylaw amendments need be filed at the Land Title Office so in order to determine the current bylaws of the strata corporation it may be necessary to obtain all filed bylaw amendments, as well as the Schedule of Standard Bylaws. Also, sections may have their own bylaws that are separate from the strata corporation bylaws.