127 Amendment Of Bylaws Before Second Annual General Meeting

In This Volume

127 (1) Despite section 128, if a strata plan is a bare land strata plan or if all the strata lots in a strata plan are residential, no amendment may be made to the bylaws before the second annual general meeting unless the amendment is approved by a resolution passed by a unanimous vote at an annual or special general meeting.

(2) If all the strata lots in a strata plan are nonresidential, the bylaws may be amended, in accordance with section 128, at an annual or special general meeting held before the second annual general meeting.
(3) If a strata plan is composed of residential and nonresidential strata lots, no amendment may be made to the bylaws before the second annual general meeting, unless

(a) it is approved by a resolution passed by a unanimous vote at an annual or special general meeting, or
(b) separate residential and nonresidential sections are formed.

(4) If separate sections are formed,

(a) the residential section may not amend the bylaws before the second annual general meeting unless the amendment is approved by a resolution passed by a unanimous vote at an annual or special general meeting of the section, and
(b) the nonresidential section may amend the bylaws, in accordance with section 197, at an annual or special general meeting of the section held before the second annual general meeting.

1998-43-127, effective July 1, 2000 (B.C. Reg. 43/2000); 2009-17-20, effective December 11, 2009 (B.C. Reg. 312/2009).

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

Transitional Provision re Bylaws

Section 36 of the Strata Property Amendment Act, 2009, S.B.C. 2009, c. 17, in force December 11, 2009, by B.C. Reg. 312/2009, makes the following transitional provision with respect to bylaws amended before the second annual general meeting of a strata corporation:

Transition—bylaws

36 (1) In this section, “bylaw” and “strata corporation” have the same meanings as in the Strata Property Act.

(2) Despite section 127(1), (3) and (4)(a) of the Strata Property Act as amended by this Act, an amendment may be made to the bylaws of a strata corporation before the second annual general meeting of the strata corporation if

(a) one of the following situations applies:
(i) the amendment to the bylaws was approved by a resolution that was passed before the coming into force of this section but the amendment had not come into effect before the coming into force of this section;

(ii) the amendment to the bylaws was proposed for an annual general meeting or a special general meeting of the strata corporation held before the second annual general meeting, notice of that meeting was given in accordance with the Strata Property Act before the coming into force of this section, the meeting is held after the coming into force of this section and the resolution approving the amendment to the bylaws is passed at that meeting, and

(b) an Amendment to Bylaws that sets out the amendment and is in the form prescribed under the Strata Property Act is filed in the land title office within one year after the coming into force of this section.