Bylaws what are they? And why do my tenants need to follow them?

What are Bylaws in a Strata Corporation and why do you need to adhere to them? 

Each Strata Corporation is like a small government and the bylaws are the regulations or guidelines as to how residents of a building agree to operate the building. Every Strata Corporation begins with the Standard bylaws outlined in the Strata Property Act. Bylaws may only be amended by owners voting at General Meetings to amend or add bylaws.

All residents including owners, tenants and guests of residents are required to adhere to the bylaws. If an owner invites a guest to the property the owner is responsible for the actions of the guest while they are at the property. It is important owners, tenants and all residents read and understand the bylaws of their Strata Corporation. Strata Corporations have an obligation to enforce bylaws when complaints are submitted. If your actions are considered an infraction of the bylaws your Strata Corporation may be in a position to take action against you for violating the bylaws. 

Division 3 of the Strata Property Act outlines the enforcement of the bylaws. Section 129 states the options a strata may take regarding bylaw enforcement. Under section 129 Strata Corporations have three options. They can impose a fine, remedy a contravention or restrict access to a recreation facility. How does this affect renting my property?  

As the owner and landlord it is imperative you read and understand the bylaws of your Strata Corporation. Landlords have a responsibility to inform tenants (see what is a form K post) of the bylaws when they rent their strata lot. All residents including owners, tenants and guests are expected to adhere to the bylaws. Landlords have a responsibility to ensure tenants have the correct information required for compliance with the bylaws. Landlords also have an obligation to inform tenants when the bylaws are amended or new ones added.

Prior to taking actions of applying section 129 Strata Corporation must follow the requirements of section 135. We will explore this section more in a future post.

Many disputes in Strata Corporations arise over the interpretation, miss understanding or ignorance of bylaws. Take time to read and understand your bylaws, attend your general meetings and become informed about your Strata Corporation.

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