Although section 110 of the Strata Property Act and Strata Property Regulation 6.8 permit a strata corporation to adopt a rule to impose a user fee with respect to common property or a common asset, the rule and the fee are not enforceable until the rule has been ratified by the owners at the next annual general meeting after the rule was adopted by the council.

No. Section 122 of the Strata Property Act permits a strata corporation to pass a bylaw relating to the sale of a strata lot, including locations for the posting of signs but the bylaw cannot prohibit or unreasonably restrict the posting of such signs.

As of December 2009, a strata corporation containing residential strata lots cannot amend the bylaws before the second annual general meeting without a unanimous vote resolution.

Yes. A strata corporation can charge interest on strata fees if the strata corporation adopts a bylaw authorizing the imposition of interest on strata fees.

Yes, section 128(2) provides that any amendments to the bylaws must be filed in the Land Title Office and do not have any effect until they are filed.

Yes. Section 121(1)(a) of the Strata Property Act specifically provides that a bylaw is not enforceable to the extent that it contravenes the Human Rights Code. In addition, the BC Human Rights Tribunal has concluded that a strata corporation’s relationships with its owners, tenants, prospective purchasers and employees is subject to the Human Rights Code.

No – Section 128(1)(c) of the Strata Property Act provides that separate 3/4 vote resolution are required of each of the residential strata lots and the non–residential strata lots in order to pass bylaw amendments.

No. Section 122 of the Strata Property Act states allows a strata corporation to pass a bylaw limiting the times for the holding of open houses relating to the sale of a strata lot but does not allow a strata corporation to prohibit them entirely.

Yes, but the strata corporation must have a bylaw that states that no person may stand for council with respect to a strata lot if the strata corporation is entitled to register a lien against that strata lot. In that case, the owner may not stand for council.

Yes, but before the painting is sold, the strata corporation must approve the sale by a resolution passed by a 3/4 vote at an annual or special general meeting if the painting’s market value is more than the amount set out in the bylaws or $1,000, if the bylaws are silent as to the amount.

Yes. A strata corporation may adopt a bylaw that limits hard surface flooring to the strata lots on the first level where there are no residential strata lots below.

If a bylaw and a rule conflict, the bylaw prevails.

Before the strata corporation imposes a fine against a person for contravening a bylaw or rule, it must (1) receive a complaint; (2) give the owner (or tenant) details of the complaint in writing; and (3) provide a reasonable opportunity for the owner (or tenant) to answer the complaint. A reasonable opportunity to answer the complaint may include a hearing in front of the council, if the owner (or tenant) requests a hearing. If the person complained of is a tenant, the strata corporation must give notice of the complaint to the landlord and to the owner, if the landlord and the owner are not the same. Once the strata corporation has complied with (1), (2) and (3), it makes its decision and gives notice in writing of its decision to the person complained of. Then the strata corporation may impose a fine.

If a complaint is made about a council member contravening a bylaw or rule, the council member complained of must not participate in the decision made by council about the complaint.

Yes. A strata corporation must have bylaws. The Schedule of Standard Bylaws found in the Strata Property Act are the bylaws of every strata corporation, as of January 1, 2002, unless that strata corporation has repealed the Schedule of Standard Bylaws or resolved that the Schedule does not apply to their strata corporation. In that case, the strata corporation must adopt its own set of bylaws.

No, rules are not filed in the land title office. The strata council adopts new rules by a majority vote and then advises the owners of new rules, perhaps in the council meeting minutes. Rules are effective from the date that owners are notified about them. However, if new rules are not ratified by the owners at a forthcoming special or annual general meeting, the rules cease to be effective.

Part 5 of the Condominium Act is the form of standard bylaws provided in that legislation. Where a strata corporation filed Part 5 as their bylaws, those bylaws continue to govern the strata corporation with the exception that any of those bylaws that are in conflict with the provisions of the Strata Property Act will be invalid and unenforceable as of January 1, 2002. In addition, the Schedule of Standard Bylaws to the Strata Property Act will also be your bylaws as of January 1, 2002 except where they conflict with any valid and enforceable bylaws already filed in the Land Title Office. Your strata corporation should review its bylaws and choose which bylaws the owners wish to carry forward and vote on a newly-revised set of bylaws. However, be sure to repeal the old bylaws to avoid any further confusion.

Yes, but any remuneration paid to a strata council member for performing council duties must be approved in advance of any payment in the annual budget or in the bylaws or by a resolution passed by a 3/4 vote at an annual or special general meeting.

No. The Canada Elections Act, in section 322, provides that no condominium corporation or any of its agents may prohibit the owner of a condominium unit from displaying election advertising posters in his or her unit. However, the condominium corporation or agent may set reasonable conditions relating to the size or type of election advertising posters that may be displayed on a strata lot or the common property and may prohibit the display of election advertising posters in common areas of the building in which the premises are located.

If the “no pet” bylaw was adopted by a 3/4 vote of the owners at a properly convened general meeting and filed in the Land Title Office, it is enforceable. A strata corporation may prohibit pets. However, the bylaw will not apply to a pet living with an owner, tenant or occupant at the time the bylaw was adopted.

Under the Condominium Act, a strata corporation could make rules and regulations governing the enjoyment, safety and cleanliness of common property and common assets. Under the Strata Property Act, a strata corporation has rules, not rules and regulations. Rules govern the use, safety and condition of common property and common assets. Regulations are part of the Strata Property Act and are made by the Lieutenant Governor in Council.

The original pet bylaw still applies as long as it has not been repealed since the date it was passed. The Schedule of Standard Bylaws in the Strata Property Act applies only to the extent that your strata corporation does not have an enforceable bylaw that deals with the same issue. An enforceable bylaw on the same issue, filed in the Land Title Office, will take precedence over a bylaw in the Schedule of Standard Bylaws.

In order for the spouse of an owner who is not an owner to stand for council, the strata corporation must have a bylaw that permits the spouse of an owner to stand for council.

Section 123(1.1) of the Strata Property Act provides that a strata corporation can pass a bylaw that restricts the age of persons who can reside in a strata lot. Neither the Strata Property Act nor the Human Rights Code set out any limitations or prohibitions about which ages are acceptable or not. As a result, such a bylaw is enforceable.

Yes. The Land Title Office does not adjudicate on the enforceability of bylaws. As long as the strata corporation complies with Land Title Office requirements for filing documents, the Land Title Office will accept documents for filing. The Land Title Office does not scrutinize bylaws.

Rules apply to common property, not strata lots. If a strata corporation adopts a rule that bans live Christmas trees, then it is only banning them from the common property. To prohibit live Christmas trees in strata lots, a strata corporation must adopt a bylaw.

Yes, but the strata corporation must have a bylaw that states that the vote for a strata lot may not be exercised if the strata corporation is entitled to register a lien. In that case, the owner may not vote.

No. A strata corporation may, by bylaw, prohibit rentals, limit the number of strata lots that may be rented or limit the period of time that strata lots may be rented. A strata corporation may not require an owner to first reside in the owner’s strata lot in order to qualify to rent the strata lot.