When is a strata bylaw unenforceable?
Just because it is written in the bylaws does not mean the strata can enforce it. Some bylaws were never valid, and some stopped being valid when the law changed.
Last reviewed November 10, 2026, against the current Strata Property Act, Strata Property Regulation and Standard Bylaws on BC Laws.
The short answer
Under section 121 of the Strata Property Act, a bylaw is not enforceable to the extent that it contravenes the Act, the regulations, the Human Rights Code or any other enactment or law, destroys or modifies certain easements, or prohibits or restricts an owner's right to freely sell, lease, mortgage or otherwise dispose of the strata lot. A bylaw amendment also has no effect until filed at the Land Title Office, and existing pets and residents are protected from some new prohibitions.
The rule in section 121
A bylaw is not enforceable to the extent that it:
- contravenes the Strata Property Act, the regulations, the Human Rights Code or any other enactment or law,
- destroys or modifies an easement created under section 69, or
- prohibits or restricts the right of an owner to freely sell, lease, mortgage or otherwise dispose of the strata lot or an interest in it.
The third does not apply to a bylaw about sales activities under section 122 or an age restriction bylaw under section 123.1. "To the extent" means the rest of the bylaw may survive if the bad part can be separated. A rule is unenforceable to the same extent a bylaw would be (section 125).
Common unenforceable bylaws
| Bylaw | Why it fails |
|---|---|
| "No more than five strata lots may be rented." | The strata must not restrict the rental of a strata lot (section 141), since November 24, 2022 |
| "Tenants must be approved by council." | Screening and approval of tenants is prohibited (section 141) |
| "No children under 16 may reside in the building." | Age restrictions are allowed only for a specified age of 55 or older (section 123.1) |
| "Fine of $500 for each contravention." | Exceeds the Regulation's $200 maximum for ordinary bylaws |
| "Owners in arrears of fines may not vote." | The vote may be suspended only where a lien could be registered, which excludes fines (section 53) |
| "Owners must give council 60 days' notice before selling." | Restricts the right to freely sell |
| "No For Sale signs or open houses." | A bylaw may govern sales activities but may not prohibit or unreasonably restrict them (section 122) |
| "Council may amend these bylaws." | Amendments need a 3/4 vote of the owners (section 128) |
StrataMinutes can take this off your plate. Bylaw decisions only hold up when the minutes show the complaint, the hearing and the vote. We prepare those minutes from your notes. Your first month is free.
Never filed, or never properly passed
A bylaw amendment has no effect until an Amendment to Bylaws is filed at the Land Title Office (section 128). Stratas regularly discover that a bylaw everyone has followed for years was approved at an AGM and never filed. It is unenforceable until filed. Other defects that can undo a bylaw:
- the wording was not in the notice of meeting,
- the 3/4 threshold was not met or the count was not recorded,
- separate residential and non-residential votes were not held in a mixed strata, or
- the wording was substantially changed on the floor.
The minutes of the meeting are the evidence. See how to amend bylaws.
People and pets a new bylaw cannot reach
- Pets. A bylaw that prohibits a pet does not apply to a pet living with a resident immediately before the bylaw was passed, while it continues to live there (section 123).
- Guide and service dogs. No pet bylaw applies.
- Age restrictions. A 55+ bylaw does not apply to a person who resided in the strata lot immediately before it was passed, to a caregiver for a resident who depends on care, or to prescribed classes of persons (section 123.2). See age restriction bylaws.
Human rights
A bylaw that discriminates on a ground protected by the BC Human Rights Code, such as disability, family status, religion or sex, is unenforceable to that extent. More often, the bylaw is valid in general but cannot be applied to a particular person without accommodation: a no-pets bylaw and an assistance animal, a flooring bylaw and a resident who needs hard surfaces for a wheelchair. See human rights and accommodation.
Bylaws beyond the strata's powers
Bylaws may provide for the control, management, maintenance, use and enjoyment of the strata lots, common property and common assets, and the administration of the strata (section 119). A bylaw reaching beyond that, such as regulating residents' conduct away from the property, is open to challenge. Bylaws must also be consistent with the Act's mandatory provisions. A bylaw cannot, for example, remove an owner's right to records, shorten notice periods the Act fixes, or lower the vote the Act requires.
Valid but unfairly applied
A bylaw can be perfectly valid and still be enforced in a way a tribunal will not uphold: without the section 135 process, selectively against one owner, or in a way that is significantly unfair. That is a problem with the enforcement, not the bylaw. See disputing a strata fine.
What to do about a doubtful bylaw
If you are on council: do not enforce it. Get advice if unsure, and put a repeal or replacement on the next general meeting agenda. A periodic bylaw review, especially after changes to the Act, is good practice.
If you are an owner: write to council explaining why you believe the bylaw is unenforceable, citing section 121 and the specific conflict. Request a hearing if needed. The Civil Resolution Tribunal can decide whether a bylaw is enforceable and cancel fines imposed under it.
Questions councils and owners ask
What makes a strata bylaw unenforceable in BC?
Contravening the Act, regulations, Human Rights Code or other law, modifying certain easements, restricting the right to sell or lease, or not having been filed at the Land Title Office.
Are old rental restriction bylaws still valid?
No. Since November 24, 2022, a strata may not restrict rentals, so those bylaws cannot be enforced.
Is a bylaw valid if it was never filed?
No. A bylaw amendment has no effect until it is filed at the Land Title Office.
Can a strata have an adults-only bylaw?
Only a bylaw requiring one or more residents to have reached a specified age of 55 or older.
Who decides if a bylaw is unenforceable?
The Civil Resolution Tribunal or a court, if the strata and owner do not agree.
Decisions based on a bad bylaw do not stand
Before council enforces, check the bylaw. And record the decision properly: StrataMinutes prepares the minutes.
Free for 30 days, then $29 a month. Cancel anytime.
For a 30-lot strata, that is under $1 a lot each month. Have the strata pay: free council approval kit.
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
Amending Bylaws
Rental Bylaws
Pet Bylaws
55+ Age Restriction Bylaws
Human Rights and Accommodation
Disputing a Strata Fine