120 Standard Bylaws

FORMS

Owner Developers’ Notice of Different Bylaws, Form Y

On the deposit of a strata plan, an owner developer uses Form Y, Owner Developers’ Notice of Different Bylaws, to file bylaws that differ from the Standard Bylaws.

Submissions

On the Strata Property Act Filing form, select Form Y, Owners Developers’ Notice of Different Bylaws, and attach an image of the original Form Y.

Strata Corporation Created under the Condominium Act

The Strata Property Regulation, B.C. Reg. 43/2000, is included at chapter 58 (Strata Property Regulations).

Effect of Bylaws

Section 17.11 of the Strata Property Regulation states that the Standard Bylaws do not apply to a strata corporation created under the Condominium Act until January 1, 2002. On January 1, 2002, the Standard Bylaws are deemed to be the bylaws for all strata corporations created under the Condominium Act except to the extent that conflicting bylaws are filed in the land title office. Any bylaws created under the Condominium Act or other former Acts cease to have effect at that date, unless they have been filed. A strata corporation bylaw filed in the land title office ceases to have effect to the extent that it conflicts with a provision in Parts 1 to 17 of the Strata Property Act or the Strata Property Regulation.

Payment of Strata Fees

Under s. 17.9 of the Strata Property Regulation, if a strata corporation created under the Condominium Act has no bylaw that establishes a schedule for the payment of strata fees, s. 1 of the Standard Bylaws applies.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

Standard Bylaws

The Standard Bylaws have been enacted as a Schedule to the Act and are included in this Manual immediately before chapter 58 (Strata Property Regulations).

Different Bylaws to Accompany Strata Plan

See s. 245(d) of the Act, which provides that a strata plan tendered for deposit in a land title office must be accompanied by any bylaws that differ in any respect from the Standard Bylaws.

Endorsement in General Index

See s. 250(2)(d) of the Act, which provides that the registrar must endorse in the general index for the strata corporation bylaws that are different from the Standard Bylaws.

CASE LAW

Bylaws of Amalgamated Strata Corporation

For a discussion with respect to the bylaws of an amalgamated strata corporation, see Strata Plan VIS 4663 v. Little, 2000 BCSC 606, annotated under s. 269 of the Act.