Running the Strata | Bylaws
Strata Bylaws in a Small BC Multiplex
Two things changed the bylaw landscape in BC: the province took away the power to restrict long-term rentals in 2022, and it left the power to ban short-term rentals fully intact. Everything else about bylaws in a four-unit building comes down to arithmetic, because 3/4 of four is a number that gives every owner a veto.
Key Takeaways
- 01Rental restriction bylaws stopped being enforceable on November 24, 2022 when Bill 44 received royal assent.
- 02Short-term rental bylaws survived, and carry the highest fine in BC strata law at $1,000 per day.
- 03Changing a bylaw needs a 3/4 vote. In a four-unit building, two owners can block anything.
- 04Bylaws must be filed at the Land Title Office to take effect. Rules do not, and only reach common property.
- 05Age restrictions were also removed, apart from bylaws requiring occupants to be 55 or older.
What Bill 44 Removed, and What It Left Alone
The Building and Strata Statutes Amendment Act received royal assent on November 24, 2022. It repealed the sections of the Strata Property Act that allowed rental restriction bylaws, and it did so immediately rather than on a transition schedule. A strata cannot cap the number of rented units, cannot maintain a rental waitlist, and cannot fine an owner for renting to a long-term tenant.
No Longer Enforceable
- ✕Caps on the number of units that may be rented
- ✕Outright bans on long-term rentals
- ✕Rental waitlists and permission requirements
- ✕General age restrictions, other than 55-and-over
Still Enforceable
- ✓Bans and limits on short-term rentals under 90 days
- ✓Bylaws requiring occupants to be 55 or older
- ✓Pet, parking, noise and nuisance bylaws
- ✓Requirements to give the strata a copy of the tenancy agreement
Short-Term Rentals: Two Sets of Rules Stack
The Short-Term Rental Accommodations Act came into force on May 1, 2024. In most communities over 10,000 people it limits short-term rentals to the host's principal residence plus one additional unit on the same property. That is the provincial floor. Your strata bylaw sits on top of it, and the stricter of the two wins.
This matters for a multiplex because the province and the strata are answering different questions. The province asks whether you live there. The strata asks whether the building allows it at all. Passing the principal residence test does not help you if the bylaw says no.
| Type of breach | Maximum fine | How often it can be charged |
|---|---|---|
| Short-term rental bylaw | $1,000 | Daily for a continuing breach |
| Any other bylaw | $200 | Once every 7 days |
| A rule (not a bylaw) | $50 | Once every 7 days |
Maximum fines set by section 7.1 of the Strata Property Regulation.
The Voting Math Nobody Runs Before Buying
A 3/4 vote sounds like a comfortable majority until you apply it to four people. In a fourplex, three owners must agree to change anything, which means any two owners together hold a permanent veto. In a twenty-unit building it takes six owners to achieve the same thing.
| Building size | To pass a 3/4 vote | To block one |
|---|---|---|
| 2 units | Both must agree | Either owner blocks any change |
| 3 units | All 3 must agree | Any single owner blocks a change |
| 4 units | 3 of 4 must agree | Any 2 owners block a change |
| 6 units | 5 of 6 must agree | Any 2 owners block a change |
| 20 units | 15 of 20 must agree | Takes 6 owners to block |
Assumes one vote per strata lot and all owners voting. This same threshold applies to special levies, which is why a underfunded reserve turns into a governance problem rather than just a money problem.
Settle These Before the Units Sell
The owner developer writes the first bylaw set, and that is the only moment when one person controls the outcome. After the units sell, every one of these items needs three of four owners to agree.
- →Short-term rentals: allowed, restricted, or banned outright
- →Pets: number, size, and whether existing pets are grandfathered
- →Parking: which stall belongs to which lot, and whether it is on the plan or just an understanding
- →Smoking and cannabis, including on patios and balconies
- →Alterations to a strata lot that touch common property, and who approves them
- →Whether the building is self-managed, and what happens when the volunteer stops volunteering
Best For
- ✓ Developers writing the first bylaw set while they still control every vote
- ✓ Buildings where the owners have discussed short-term rentals openly before closing
- ✓ Owners who want certainty about what the building allows, in writing and filed at the LTO
Usually Fails When
- ✕ The bylaw set was copied from a condo tower and never adapted to four units
- ✕ Someone bought expecting to run an Airbnb without reading the bylaw or the provincial rules
- ✕ The plan depended on stopping a co-owner from renting long term, which is no longer possible
What To Verify Before Spending Money
- → Whether the filed bylaws still contain a rental restriction that has been unenforceable since 2022
- → Whether a short-term rental bylaw exists, and what fine it sets
- → Whether your community is subject to the provincial principal residence requirement
- → That any bylaw you are relying on was actually filed at the Land Title Office
Common Questions
Can a BC strata ban rentals? +
No, not long-term rentals. Bill 44, the Building and Strata Statutes Amendment Act, received royal assent on November 24, 2022 and repealed the provisions that let stratas enact rental restriction bylaws. Existing rental restriction bylaws stopped being enforceable at that point. If you find one in a bylaw set today, it is unenforceable text that was never cleaned up.
Can a strata still ban short-term rentals like Airbnb? +
Yes. Bill 44 left short-term rental bylaws intact. A strata can restrict or prohibit rentals under 90 days by passing a bylaw with a 3/4 vote, and stratas are allowed to be stricter than the provincial rules. The maximum fine for breaching a short-term rental bylaw is $1,000, and unlike other bylaws it can be levied daily for a continuing breach.
How does the provincial short-term rental law interact with strata bylaws? +
They stack, and the stricter one governs. The Short-Term Rental Accommodations Act came into force May 1, 2024 and limits short-term rentals to the host's principal residence plus one additional unit in most communities over 10,000 people. Your strata bylaw can be tighter than that but not looser. Meeting the provincial rule does not override a strata ban.
What vote do you need to change a strata bylaw in BC? +
A 3/4 vote at an annual or special general meeting, under section 128 of the Strata Property Act, followed by filing the amendment at the Land Title Office. The threshold is 3/4 of votes cast, and there is no reduced threshold for small buildings.
Does every owner sit on council in a small strata? +
Under the Standard Bylaws, when there are fewer than four strata lots or four owners, all owners must sit on the strata council. At exactly four units you hold a normal election, though most four-owner buildings end up with everyone on council anyway.
What is the difference between a bylaw and a rule? +
Bylaws bind owners, tenants and occupants, need a 3/4 vote, and must be filed at the Land Title Office. Rules only govern the use of common property, can be made by the council, and must be ratified at the next general meeting. The maximum fine is $200 for a bylaw breach and $50 for a rule breach.
See Also
Official Sources Referenced
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