6 Ways to Encourage Strata Bylaws and Rules Compliance

March 10, 2020

As a member of a strata community, you're legally required to follow all bylaws. At first glance, having bylaws for a neighbourhood or community may seem restrictive; however, there are many benefits to having a robust set of guidelines.

What Are Strata Bylaws & Rules?

Bylaws and rules affect the strata lot owner's (and tenant's) rights and responsibilities and set out what the strata corporation will be like to live in and how it's administered. Bylaws and rules also apply to visitors.

Bylaws and rules are one of the ways that living in a strata community is not the same as living in housing that's non-strata titled.

Bylaws can cover many different areas including strata lots and common areas. The purpose of bylaws is to provide for the administration of the strata corporation and for the control, management, maintenance, use and enjoyment of the strata lots, common property and common assets of the strata corporation.

Rules can be created to govern the use, safety and condition of the common property and common assets. Rules cannot govern the use of strata lots, only bylaws can do this.

Strata corporations (and sections) must enforce their bylaws and rules; this can include fining strata owners and residents who don’t follow the strata's bylaws and rules.

Who Makes & Enforces Strata Bylaws & Rules?

Bylaws

All strata corporations must have bylaws. These bylaws can be amended, changed, created, or deleted.

The Standard Bylaws are a set of bylaws established by the Province. Section 120 of the Strata Property Act states: "The bylaws of the strata corporation are the Standard Bylaws except to the extent that different bylaws are filed in the land title office."

There are two ways a strata's bylaws (or a section's bylaws) may differ from the Standard Bylaws:

Different bylaws can be filed by the owner-developer with the Land Title Office.

The strata corporation, or section, may amend (change, create, or delete) bylaws through a 3/4 vote of the owners and file the amendments in the Land Title Office.

Rules

Rules are different from bylaws. Rules can be created to govern the use, safety and condition of the common property and common assets. Rules may not govern the use of strata lots, only bylaws can govern the use of strata lots.

For example, specifying the type of window coverings in a strata lot could not be a rule, it could only be a bylaw. On the other hand, requiring dogs to be leashed in common areas could either be a rule or a bylaw.

If a rule conflicts with a bylaw of the strata corporation, the bylaw prevails.

A strata council can create a rule without consulting owners and it applies to owners, tenants, and visitors until the next annual general meeting (AGM), or special general meeting (SGM), if the SGM occurs before the AGM. At the general meeting, the rule must be ratified by a majority vote or it ceases to have effect.

Once a rule has been ratified at a general meeting by majority vote it is effective until it is repealed, replaced or altered, without the need for further ratification.

Benefits of Rule Enforcement

When enforced consistently, the benefits of these community rules include:

Preserving the aesthetics of an area
Protecting and enhancing home values
Enforcing the community's Covenants, Conditions, and Restrictions (CC&Rs)
Maintaining the property of the association and its owners

How to Encourage HOA Rule Compliance

If your council does its part to prevent violations in the first place, the net effect will be less-stressed council members, happier residents, and all-around more beautiful communities. Below, are six ways councils can encourage rule compliance in their community.

1. ADDRESS ISSUES DIRECTLY.

Identify current behaviors and consequences of said behavior if it continues. Be authentic and make sure to have a compelling reason as to why it's important to the community.

2. EXPLAIN INTENTIONS.

Explain where the council derives its authority to govern it to remove doubt. Help residents understand that it doesn't come from a desire to intimidate, but to inform.

3. CREATE A COMMITTEE.

Create a committee comprised of homeowners who aren't on the council and who aren't related to the council members to investigate and assist the board with determining the need for the bylaw and/or rule.

4. ASK FOR INPUT.

Don't simply vote on a bylaw or rule. Take the time to gather information and discuss and debate all input from residents before creating a bylaw and/or rule.

5. GIVE NOTICE.

Give notice of the proposed bylaw and/or rule before it's discussed and adopted. You should also give a reasonable time frame for residents to respond—usually 15-30 days.