Strata Tip of the Week - When Strata Bylaw Packages Become Confusing

Bylaws are one of the most important documents in any strata corporation, but reviewing them isn’t always straightforward. Some bylaw packages are clear and easy to follow, while others can be a confusing mix of originals and multiple layers of amendments.

This week, we’re looking at why some bylaw packages become so complicated, the challenges they create for buyers and Realtors, and how a streamlined approach can help strata corporations make their bylaws much easier to understand.

1. Understanding Strata Bylaws

Strata bylaws are the regulations that govern the management, maintenance, and use of shared property and facilities in a strata development. They help maintain harmony among residents and protect property values.

2. Why Some Bylaw Packages Cause Confusion

Some strata corporations have bylaw packages that are difficult to follow. This can frustrate current residents, buyers, and Realtors. One of the most common issues is figuring out which bylaws are the most recent and enforceable.

3. A Common Problem – Layers of Amendments

It’s not unusual to receive a bylaw package that contains the original bylaws plus amendments upon amendments upon amendments. This layering of amendments makes it challenging to identify the latest, enforceable bylaws. To know what’s enforceable, you often have to:

• Obtain the original bylaws and all amendments.

• Review them in chronological order, as filed with the Land Title and Survey Authority (LTSA).

4. When to Recommend Legal Advice

If a bylaw package contains multiple amendments, it may be wise to recommend buyers get legal advice. This can help ensure the bylaws are thoroughly reviewed and understood, and can help identify any which may conflict with buyers’ needs or lifestyle preferences.

5. Why Bylaw Packages Become Overcomplicated

The root of this problem is often poor advice during the amendment and filing process. Ideally, stratas should follow these steps when amending their bylaws:

• Seek legal advice to ensure proposed changes are enforceable and reflect best practices.

• Hold a general meeting to approve the changes.

• Include a repeal resolution to nullify all previous bylaws.

• File the new, consolidated bylaw package with the LTSA.

6. The Benefit of a Streamlined Approach

By adhering to this process, strata corporations can maintain a bylaw package that includes only the current, enforceable bylaws. This makes the review process faster, clearer, and less frustrating for everyone involved, and ensures the strata’s bylaws are easy to understand and follow.

That’s it for this week. If you have any suggestions for other topics you’d like us to cover, please let us know at info@condoclear.ca.