Can a strata bylaw override or cancel the Strata Property Act?
Owners sometimes hear that the strata "passed a bylaw" that seems to cancel a right in the Act. It cannot. But the answer has two parts, because the Act itself lets bylaws change many of its defaults.
Last reviewed November 13, 2026, against the current Strata Property Act, Strata Property Regulation and Standard Bylaws on BC Laws.
The short answer
No. Creating or amending a strata bylaw cannot cancel or override the Strata Property Act or the Strata Property Regulation. Under section 121, a bylaw is not enforceable to the extent it contravenes the Act, the Regulation, the Human Rights Code or any other law. The rest of the bylaw, and the rest of the strata's bylaws, still apply. What bylaws can do is change the Standard Bylaws, and use the many places where the Act says "unless the bylaws provide otherwise."
The ladder: what outranks what
Every strata in BC is governed by layers, and each layer must fit inside the one above it:
| Rank | Instrument | Who makes it |
|---|---|---|
| 1 | The Strata Property Act and other provincial and federal laws, including the Human Rights Code | The Legislature and Parliament |
| 2 | The Strata Property Regulation | The provincial government |
| 3 | The strata's bylaws (the Standard Bylaws, as amended by filed bylaws) | Owners, by 3/4 vote, filed at the Land Title Office |
| 4 | The strata's rules | Council, ratified by owners at the next AGM |
| 5 | Council decisions and policies | Council |
A lower layer that conflicts with a higher one gives way. Section 121 says so for bylaws. Section 125(5) says a rule gives way to a bylaw, and section 125(2) makes a rule unenforceable in the same situations as a bylaw.
What section 121 says
Section 121(1) makes a bylaw unenforceable to the extent that it:
- contravenes the Act, the Regulation, the Human Rights Code or any other enactment or law,
- destroys or modifies an easement created under section 69, or
- prohibits or restricts an owner's right to freely sell, lease, mortgage or otherwise dispose of the strata lot or an interest in it.
Section 121(2) carves out two exceptions to the third point: bylaws under section 122 about the sale of a strata lot (sign locations, showing times and open houses, which may not prohibit or unreasonably restrict sales activity), and 55-plus age restriction bylaws under section 123.1.
Note the words "to the extent." A bylaw is not thrown out wholesale. Only the part that conflicts stops working. A pet bylaw that bans all dogs, for example, still applies to most people, but it does not apply to a guide or service dog (section 123(3)) or to a pet already living in the lot when the bylaw passed (section 123(2)).
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Where bylaws are allowed to change the Act's defaults
The Act deliberately leaves room for bylaws. Many sections say "unless the bylaws provide otherwise" or "subject to the bylaws." Common examples:
- The Standard Bylaws themselves. Section 120 says they apply except to the extent different bylaws are filed. A strata can replace the council size, quorum, officer roles and fine amounts.
- The spending limit for unapproved expenditures under section 98, which can be set in the bylaws instead of the default $2,000 or 5% of the operating budget.
- Interest on late fees, which a bylaw can set up to the Regulation's 10% a year (section 107).
- Fines, which bylaws set within the Regulation's maximums (section 132, Regulation 7.1).
- Voting thresholds for some decisions in nonresidential stratas (section 128(1)).
So a bylaw that changes a Standard Bylaw or uses a "unless the bylaws provide otherwise" door is valid. A bylaw that tries to change something the Act fixes is not.
Examples of bylaws that cannot work
| Bylaw | Why it fails |
|---|---|
| "Owners may not rent their units." | Section 141 prohibits rental restrictions for residential lots (short-term accommodation is treated separately). |
| "No children under 19 may live here." | Section 123.1 allows age restrictions only at 55 or older. |
| "Council may fine up to $500 per breach." | Regulation 7.1 caps bylaw fines at $200 ($1,000 for short-term rental bylaws). |
| "Owners must give 30 days' notice to view records." | Section 36 requires the strata to respond within 2 weeks (1 week for bylaws and rules). |
| "The AGM may be held every 18 months." | Section 40 requires an AGM within 2 months after each fiscal year end. |
| "Council may levy a special assessment without a vote." | Section 108 requires a 3/4 vote (or unanimous for an unusual formula). |
If you think your strata has a bylaw like this, our unenforceable bylaws guide explains how to raise it.
What to do about a conflicting bylaw
- Read the filed bylaws. Ask for a copy under section 36. The strata must provide bylaws and rules within one week.
- Read the section of the Act you think it conflicts with, on BC Laws, in its current version.
- Raise it with council in writing. Many conflicts are old bylaws nobody updated after a change in the law, like rental bans after 2022.
- Propose a fix at the next general meeting. Owners can put a 3/4 vote resolution on the agenda, or ask council to.
- If it is enforced against you, ask for a hearing under section 34.1 or section 135, and keep the correspondence. Disputes can go to the Civil Resolution Tribunal.
Questions councils and owners ask
Does creating a bylaw nullify the BC Strata Act?
No. A bylaw that conflicts with the Strata Property Act or Regulation is unenforceable to the extent of the conflict under section 121. The Act continues to apply.
Can strata bylaws change the Standard Bylaws?
Yes. The Standard Bylaws apply only to the extent a strata has not filed different bylaws at the Land Title Office (section 120).
Is a bylaw valid before it is filed?
No. Under section 128, a bylaw amendment has no effect until it is filed at the Land Title Office in the prescribed form.
Can strata rules override bylaws?
No. If a rule conflicts with a bylaw, the bylaw prevails (section 125(5)).
Who decides whether a bylaw is enforceable?
In a dispute, the Civil Resolution Tribunal or the courts. No government office reviews bylaws when they are filed.
The record is what proves a bylaw is valid
Bylaws stand or fall on the notice, the exact wording and the 3/4 vote count in the AGM minutes. StrataMinutes records all three, every time.
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This page is general information for BC strata corporations, not legal advice. Your strata's own filed bylaws may differ from the Standard Bylaws. See the current text of the Strata Property Act and the Strata Property Regulation on BC Laws.
Related guides
Unenforceable Bylaws
The Strata Property Act Explained
The Standard Bylaws
Amending Bylaws
Strata Rules
Who Enforces the Act