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Strata Tip of the Week - Did you get the latest, enforceable set of bylaws?

Strata Tip of the Week - Did you get the latest, enforceable set of bylaws?

We’ve completed quite a few strata document reviews lately where we found that the buyers were not provided the latest set of bylaws. So, in this email, we’ll go over how you can ensure you have the latest, enforceable set of bylaws.

Where can I find the strata corporation’s bylaws?

All strata corporations in BC should have bylaws filed with the Land Title and Survey Authority (LTSA). These can either be the Standard Bylaws or, if the strata has amended its bylaws, the strata’s unique set of bylaws.

To confirm that you have the latest set of enforceable bylaws, we recommend that you always pull them directly from the LTSA.

What’s the correct process for approving new bylaws?

When a strata corporation wants to amend a portion of or all of its bylaws, it should follow these steps:

  • Send out a general meeting notice with the bylaw amendment resolutions it is proposing.

  • Hold the general meeting, which allows the owners to discuss and vote on the bylaw amendments being proposed.

  • If approved, file the newly approved bylaws with the LTSA.

Only once filed with the LTSA, can a strata corporation start enforcing those bylaws.

What if the owners approved amendments to the bylaws, but the strata has yet to file those amendments with the Land Title Office?

Because it may take a strata corporation a few weeks to get around to filing newly approved bylaws, there may be a period of time where the bylaws filed with the LTSA are not the latest bylaws approved by the owners. The strata essentially has “newly approved bylaws”, but they are not yet “enforceable”.

When this is the case, the answer to the question “Are there any amendments to the bylaws that are not yet filed in the land title office?” on the Form B should be “Yes”.

Form Bs are completed by humans, which means that sometimes mistakes are made. It is therefore good practice to also check the last two years’ worth of general meeting minutes.

  • If those minutes show that new bylaws have been approved, those bylaw amendments should be in the bylaw package you received.

  • If they’re not and the strata answered “No” to the Form B question noted above, you should follow up with the strata corporation, to confirm why the bylaw amendments aren’t included in the bylaw package provided, yet the Form B states that all bylaw amendments have been filed with the Land Title Office.

 
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