Condo Smarts: Failure to file bylaw changes causes
? Tony Gioventu
The Province
Dear Tony:
As the new president of our strata council, one of my tasks was to get a handle on our bylaws so everyone could understand what was in effect and what no longer applied.
Our strata has filed 14 bylaw amendments since 1989. At no time were the resolutions we voted on filed and when I reviewed the minutes of our annual general meeting from 2014 I discovered we passed a pet bylaw that reduced the number of dogs to one per strata. It was never filed and we have more than one dog in several suites belonging to new owners.
Does this mean all our bylaws may still be in effect even though some are conflicting or do only the current filings apply? We’re getting conflicting information from our property manager, past council members and a retired lawyer who lives in the building.
Gordon W., Vancouver
Dear Gordon:
There are a few methods to determine which bylaws are in effect and which are enforceable. One option strata corporations consider is to develop a new template of bylaws, including the previous bylaws that have been in effect, and proposing those as an updated set to be voted on at your next general meeting. This helps to reduce the uncertainty of which bylaws apply.
The resolution you vote on to amend the bylaws is as important as the bylaws. The resolution will determine what happens to your previously registered bylaws; this could potentially affect bylaws that limit rentals, age restrictions and pet restrictions.
The resolution should also be included in any new bylaws that are approved and filed in the Land Title Registry, as it was part of the bylaw-amendment process.
It is important to seek legal advice on bylaw amendments because your bylaws must not only comply with the Strata Property Act, they must also comply with the B.C. Human Rights Code and any other enactment of law.
The issue you raise with pets is common. Under the act, if a new bylaw that limits the age of occupants or the number of pets is adopted, the bylaw comes into effect when passed to ensure the current non-compliant parties are exempted, but that the new bylaw applies to all new parties. A unit with two dogs at the time of passing would be permitted to keep their two dogs and when one dog dies the bylaw would limit them to one. In principle, this works if the strata files the bylaw and discloses it to buyers; however, new bylaws often sit on the books for months or years without being filed, are often forgotten, not disclosed to buyers or filed incorrectly. At this point, it may be best for the strata to seek legal advice.
Remember, bylaws are only enforceable if they have been filed in the Land Title Registry.
Tony Gioventu is executive director of the Condominium Home Owners Association. Email [email protected]
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