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In This Volume

128 (1) Subject to section 197, amendments to bylaws must be approved at an annual or special general meeting,

  • (a) in the case of a strata plan composed entirely of residential strata lots, by a resolution passed by a 3/4 vote,
  • (b) in the case of a strata plan composed entirely of nonresidential strata lots, by a resolution passed by a 3/4 vote or as otherwise provided in the bylaws, or
  • (c) in the case of a strata plan composed of both residential and nonresidential strata lots, by both a resolution passed by a 3/4 vote of the residential strata lots and a resolution passed by a 3/4 vote of the nonresidential strata lots, or as otherwise provided in the bylaws for the nonresidential strata lots.
  • (2) If an amendment to a bylaw is approved, an Amendment to Bylaws that sets out that amendment and is in the prescribed form must be filed in the land title office and, until that filing, the amendment has no effect.
  • (3) [Repealed 2009-17-21.]
  • (4) The strata corporation must inform owners and tenants of any amendment to the bylaws as soon as feasible after the amendment is approved.

1998-43-128, effective July 1, 2000 (B.C. Reg. 43/2000); 1999-21-27, effective July 1, 2000 (B.C. Reg. 43/2000); 2009-17-21, effective December 11, 2009 (B.C. Reg. 312/2009).

REGULATIONS, AND FORMS

Amendment to Bylaws, Form I: Section 128(2)

See the Strata Property Regulation, B.C. Reg. 43/2000, at chapter 57 (Strata Property Regulations) in this Manual, which prescribes Form I, Amendment to Bylaws, for the purpose of s. 128(2) of the Act. Form I is included at chapter 58 (Strata Property Forms) in this Manual.

Submissions

On the Strata Property Act Filing form, select Form I, Amendment to Bylaws, and attach an image of the original Form I.

Fees

Fee item 3, General Filing, in the Schedule to the Land Title Act applies to the filing of amended bylaws in the land title office. See chapter 31 (Land Title Act—Fees) in this Manual.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

Notice Requirements

See s. 45 of the Act regarding requirements for notice of an annual or special general meeting.

Amendment of Bylaws before First Conveyance

See s. 8 of the Act, which permits an owner developer to amend a strata corporation’s bylaws before the first conveyance to a purchaser.

Endorsement in General Index

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

Amendment of Bylaws by Sections

See s. 197 of the Act regarding amendment of bylaws and rules by sections.