Strata bylaws and rules

Read them carefully before you buy. Bylaws set out owners’ rights and responsibilities and control what the place will be like to live in. Bylaws control the use of strata lots and common property. Bylaws set out the duties of owners, tenants, occupants, visitors, the corporation and the strata council, as well as the procedures at council and general meetings. Bylaws also allow the strata corporation to penalize owners who violate the bylaws.

Every strata corporation begins with a set of default bylaws, called the standard bylaws. The standard bylaws can be changed with a custom bylaw, technically called an amended bylaw. To be enforceable, an amended bylaw must first be filed with the strata plan at the Land Title Office. A bylaw may restrict an owner’s ability to rent a residential strata lot to a tenant. This is important: if you plan to live in your unit, you may want the other owners to live in their units too. You may want rental restrictions. On the other hand, you if you’re buying the unit as an investment for rental, you will not want any rental restrictions.

Bylaws may also restrict pets or certain age groups, such as children. Similarly, the bylaws will likely require you to get permission before making significant changes to your strata lot, such as altering walls or making plumbing or electrical changes.

A strata corporation may also have rules. Rules apply only to the use and enjoyment of common property and common assets. For example, a rule may limit the size of vehicles that may park in a common-property parkade, or restrict the hours when a common-property fitness centre is open.

If you ask, a seller can obtain strata documents from the strata corporation for you to review, including a set of up-to-date, consolidated bylaws, as well as a complete copy of the rules. But even if you understand the bylaws and rules before you buy, they can be changed at any time.

This information is provided by “The Canadian Bar Association” www.cba.org