What’s the Difference?
Why do Strata Corporations have Rules and Bylaws? All Strata Corporations will have bylaws when they are formed. The Strata Property Act has a set of standard bylaws which all strata Corporations begin with. The developer has the right to amend, add or change the bylaws before the property is developed. They can also create a set of rules.
Rules govern the use, safety and condition of common property shared by all owners.
This is the significant difference between Rules and Bylaws. Bylaws are created for the administration of the Strata Corporation. They are for management of all parts of the building including use and enjoyment of strata lots, maintenance of property and building assets. A rule would not be created to govern use of a strata lot.
Another difference for rules is enforcement. Rules and bylaws both have penalties a strata can apply. The strata Property act outlines limits for fines of rules and bylaws. The standard bylaws limit fines to $10 for a rule and $50 for a bylaw infraction. A strata may change these limits to be $50 for a rule and $200 for a bylaw. In order to apply the higher amounts the strata must have amended the standard bylaw.
One other important difference owners should be aware of is, council has the right to create a rule during the year without owners approval. Rules are often created for visitor parking, renting an amenity room, use of a fitness facility or other outdoor activities that could affect your tenants. It is important owners read council meeting minutes to identify if a new rule has been created and advise your tenants of any changes. If council creates a rule at the next General Meeting the rule must be ratified by the owners. If the rule is not ratified it ceases to exist.
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