Based on our experience, approximately 25% of strata corporations, or their management companies, don’t provide the most recent set of bylaws. Here’s how to make sure you’ve got the latest, enforceable version.
1. Where can I find the strata corporation’s bylaws?
All strata corporations in BC should have bylaws filed with the Land Title and Survey Authority (LTSA), also known as the Land Title Office. These may be the Standard Bylaws or, if the strata has amended its bylaws, the strata’s own amended bylaws.
To ensure you have the latest version, we recommend always pulling the bylaws directly from the LTSA.
2. What’s the correct process for approving new bylaws?
When a strata corporation wants to amend its bylaws, it should:
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Send a general meeting notice with the proposed bylaw amendments
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Hold the meeting so owners can vote
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If approved, file the amendments with the LTSA
The new bylaws can only be enforced once they’ve been filed.
3. What if new bylaws were approved but not yet filed?
Because it may take a strata corporation a few weeks to file newly approved bylaws, there may be a period of time where the bylaws on file at LTSA are not the most recent approved bylaws. The strata essentially has “newly approved bylaws”, but they are “not yet enforceable.”
In this case, the strata should have answered “Yes” to question “(g) Are there any amendments to the bylaws that are not yet filed in the land title office?” on the Form B, and attach a copy of the bylaw changes.
Because Form Bs are completed by humans, so mistakes are sometimes made, it’s good practice to also check the last two years of general meeting minutes for any bylaw changes.
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If the minutes show new bylaws were approved, they should be included in the bylaw package.
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If they’re not, and the Form B answers “No” to question (g), mentioned above, follow up with the strata corporation to confirm why the bylaw amendments aren’t included in the bylaw package provided.
