What Happens If a Strata Doesn’t Have Any Bylaws in B.C.?
The short answer is that every strata corporation in B.C. has bylaws. If a strata has not filed bylaws that differ from the provincial Standard Bylaws, the Standard Bylaws apply automatically under the Strata Property Act. This can be particularly important when buying a small strata property, such as a half duplex or triplex, where a buyer may assume there are few or no restrictions.
This is something buyers should understand when looking at strata properties in North Vancouver, West Vancouver and throughout B.C.
Disclaimer: This article is for general informational purposes only and does not constitute legal, financial, or professional advice. Buyers and sellers should seek legal or professional advice specific to their situation.
Do the Standard Bylaws apply if a strata has no bylaws?
Yes. Under section 120 of the Strata Property Act, the bylaws of a strata corporation are the Standard Bylaws unless different bylaws have been filed in the Land Title Office. In other words, a strata does not need to separately adopt the Standard Bylaws for them to apply. They are the default bylaws.
So, when someone says that a strata “doesn't have any bylaws,” what they may mean is that there are no separate bylaws that have been filed to replace or modify the Standard Bylaws.
This distinction can be easy to overlook, particularly with smaller strata corporations.
Does this apply to a half duplex or triplex?
Yes. The fact that a property is a small strata does not mean that the usual strata bylaws do not apply.
For example, a buyer looking at a two-unit half duplex in North Vancouver might think that because there is no large strata building, strata council or lengthy package of custom bylaws, they have essentially the same freedom as they would with a non-strata house.
That is not necessarily the case.
A strata-titled duplex, triplex or other small strata is still governed by the Strata Property Act and its bylaws. The Standard Bylaws can apply unless different bylaws have been filed. The Province specifically notes that the strata framework applies to strata-titled duplexes as well as larger strata developments.
What do the Standard Bylaws actually restrict?
The Standard Bylaws cover a range of issues affecting the use and maintenance of a strata lot and common property.
For example, they include requirements relating to:
- Repair and maintenance of a strata lot
- Nuisance and unreasonable noise
- Interference with another owner's use and enjoyment of their property
- The use of common property
- Pets
- Certain responsibilities of owners, tenants and occupants
Under the Standard Bylaws, an owner, tenant, occupant or visitor cannot use a strata lot or common property in a way that causes a nuisance or hazard, creates unreasonable noise, or unreasonably interferes with another person's use and enjoyment of their property.
What about pets?
Pets are a good example of why this matters.
Standard Bylaw 3(4) provides restrictions on the number and type of pets that may be kept in a strata lot. Among other things, it permits a reasonable number of fish or small aquarium animals, a reasonable number of small caged mammals, up to two caged birds, and one dog or one cat.
There are also statutory exceptions and protections relating to certain existing pets and guide and service dogs, so the pet provisions should not be viewed in isolation.
This can come as a surprise to a buyer who is considering a North Vancouver or West Vancouver half duplex and assumes that, because there are only two owners, they can have whatever pets they want.
The important point is that a lack of separately filed bylaws does not necessarily mean a lack of restrictions.
What if the strata has its own bylaws?
Many strata corporations have bylaws that differ from the Standard Bylaws.
The owner developer may file different bylaws when the strata plan is deposited, and a strata corporation can later amend, add or replace bylaws through the process set out in the Strata Property Act. Amendments must be filed in the Land Title Office to take effect.
These custom bylaws can address matters such as pets, rentals, smoking, age restrictions, alterations to a strata lot and other issues.
As a result, buyers should not assume that the Standard Bylaws are the only rules that apply. The actual bylaws for the particular strata need to be reviewed.
What is the difference between bylaws and strata rules?
Bylaws and rules are not the same thing.
Bylaws can govern the use of a strata lot, as well as the administration, maintenance and use of common property. Rules are more limited and generally deal with the use, safety and condition of common property and common assets. If a rule conflicts with a bylaw, the bylaw takes precedence.
This is another reason why reviewing the strata documents is important. A buyer should understand both the bylaws and any current rules before purchasing.
How can I find out what bylaws apply to a strata?
If you are considering buying a strata property, you should review the strata's current bylaws and rules as part of your due diligence.
For a property in North Vancouver or West Vancouver, this can be particularly important with smaller strata developments, including duplexes and triplexes. Rather than assuming that a small strata has few restrictions, confirm what bylaws have actually been filed and what rules are currently in effect.
The provincial government provides the Schedule of Standard Bylaws, which is a useful starting point when determining what applies where different bylaws have not been filed.
If you are unsure about the legal effect of a particular bylaw or how it applies to your situation, it is also worth getting legal advice.
The Bottom Line
A strata property does not become “rule-free” simply because it is a small strata or does not appear to have its own set of bylaws.
In B.C., the Standard Bylaws apply by default unless different bylaws have been filed. Those Standard Bylaws can affect everything from pets and noise to maintenance and the use of the property.
If you are considering buying a North Vancouver or West Vancouver strata, half duplex or triplex, it is important to understand exactly what bylaws and rules apply before you make an offer. Our team can help you identify the strata documents that should be reviewed and flag issues that may warrant further investigation with a lawyer or other professional.