Land Title Practice Manual

13.3 Restrictions On Changing The Basis For Sharing Common Expenses And Amending Bylaws

In This Volume

  • 13.3 (1) Despite section 100 of the Act, if an owner developer is in compliance with the dates for the beginning of construction of each phase as set out in the Phased Strata Plan Declaration or amended Phased Strata Plan Declaration, the strata corporation established by the deposit of a phased strata plan may not pass a resolution under that section until the annual general meeting held following the deposit of the final phase or until an election not to proceed under section 235 or 236(2) of the Act, unless the strata corporation obtains the written consent of the owner developer.
  • (2) Despite any provision of the Act, if an owner developer is in compliance with the dates for the beginning of construction of each phase as set out in the Phased Strata Plan Declaration or amended Phased Strata Plan Declaration, a strata corporation established by the deposit of a phased strata plan may not create, change, repeal, replace, add to or otherwise amend any bylaws dealing with any of the following matters until the annual general meeting held following the deposit of the final phase or until an election not to proceed under section 235 or 236(2) of the Act, unless the strata corporation obtains the written consent of the owner developer:
  • (a) the keeping or securing of pets;
  • (b) [Repealed, effective January 24, 2023 (B.C. Reg. 6/2023).]
  • (c) the age of occupants;
  • (d) the marketing activities of the owner developer which relate to the sale of strata lots in the strata plan.

[am. B.C. Reg. 6/2023.]