How to Amend Strata Bylaws in BC

Bylaws are the rulebook your strata corporation runs on — and they are only as useful as they are current. If your bylaws still ban satellite dishes but say nothing about short-term rentals, EV charging or hybrid meetings, an amendment is probably overdue. Here is how the process works under the Strata Property Act, and where it most often goes wrong.

Bylaws vs. rules — make sure you're amending the right thing

A bylaw is a bylaw of the strata corporation; a rule is a separate instrument governing the use, safety and condition of common property and common assets. The two are made differently, and only bylaw amendments are filed in the land title office. If what you want to change is a parking procedure or a pool schedule, check whether it lives in your bylaws or in your rules before you build an agenda around it.

What vote is required to amend strata bylaws?

Under section 128 of the Strata Property Act, bylaw amendments must be approved at an annual or special general meeting:

• All-residential strata plan: a resolution passed by a 3/4 vote.
• All-nonresidential strata plan: a 3/4 vote, or as otherwise provided in the bylaws.
• Mixed residential and nonresidential: both a 3/4 vote of the residential strata lots and a 3/4 vote of the nonresidential strata lots — or as otherwise provided in the bylaws for the nonresidential lots.

A "3/4 vote" is defined in section 1 as at least 3/4 of the votes cast by eligible voters present in person or by proxy at the time the vote is taken, excluding abstentions. It is not 3/4 of all owners and not 3/4 of all strata lots — abstentions simply drop out of the count.

One important exception: under section 127, in a bare land strata plan or an all-residential strata plan, no bylaw amendment may be made before the second annual general meeting unless it is approved by a unanimous vote — all the votes of all the eligible voters. Mixed strata plans face the same restriction unless separate residential and nonresidential sections are formed.

If your strata has sections

Section 197 allows a section to amend the bylaws only where the amendment relates solely to that section, by a 3/4 vote at an annual or special general meeting of the section (a nonresidential section may use a different threshold if its own bylaws set one). Otherwise, the strata corporation's bylaws apply to the section.

Running the meeting properly

The amendment has to be voted on at a general meeting, so the meeting itself must be validly called. Notice must be at least two weeks, and notice sent by email, mail or fax is deemed received four days after it is sent — so an emailed package should go out roughly 18 days ahead. See the Province's guide to conducting a general meeting and our breakdown of AGM notice and quorum requirements.

Practical points:

• Circulate the exact wording of the proposed bylaw with the notice. Owners vote on the text in front of them.
• Since November 24, 2022, all BC strata corporations may hold electronic or hybrid general meetings and accept electronic votes without passing a bylaw first — see electronic voting at BC strata meetings.
• Record the vote result clearly in the minutes.

Filing bylaws in the land title office

This is the step most self-managed stratas miss. Section 128(2) requires an Amendment to Bylaws in the prescribed form — Form I — to be filed in the land title office, and until that filing, the amendment has no effect. Form I is signed by a council member, plus a second council member unless council consists of only one member. Section 128(4) also requires the strata to inform owners and tenants of the amendment as soon as feasible after approval.

Keep the filed Form I with your permanent records; it is what a future purchaser's lawyer, a Civil Resolution Tribunal member and your insurer will all rely on. Tools like SearchStrata can run AI analysis across your filed bylaws and minutes to surface amendments that were passed but never filed, or that conflict with each other — and platforms such as ManageStrata help councils keep the resolution, minutes and filed form together in one place.

Questions councils ask

Can we amend bylaws by an email vote of council? No. Bylaw amendments must be approved by owners at an annual or special general meeting under section 128. Council cannot amend bylaws on its own.

Is the amendment effective the moment the vote passes? No. It takes effect on filing in the land title office. Plan for the gap between the meeting and the filing.

Can a bylaw override the Strata Property Act? No. For strata corporations created under the former Condominium Act, Regulation section 17.11 provides that a filed bylaw prevails over a conflicting Standard Bylaw, but ceases to have effect to the extent it conflicts with the Act or the Regulation. Some subject matter is also constrained — for example, Regulation section 7.01 prescribes classes of people, including a spouse of a qualifying resident and a child of a qualifying caregiver-resident, to whom an age-restriction bylaw's age requirement does not apply.

Do we need a lawyer? Not legally, but the drafting is where enforceability is won or lost. Whether your existing bylaws already cover the issue, and whether a proposed amendment conflicts with them, depends entirely on your registered bylaws — read them before drafting. If you're weighing outside help, see choosing a strata management company in BC.

This article is general information about BC strata law, not legal advice; verify against the current Strata Property Act and Regulation or consult a BC strata lawyer.