Dear Tony: I have been a tenant since 2016 in a new high-rise in Vancouver. About a third of our building is rentals and none of the tenants has been elected to council.
I received notice from council that l am in violation of the strata bylaws for using an electric barbecue on my balcony. I read the bylaws that were given to me by the owner of my unit at the time I rented, and they permitted only electric barbecues.
I responded in writing asking which bylaw they were quoting, as there is nothing in the bylaws provided by my landlord. The strata responded that it adopted new bylaws at the June 2018 annual meeting, with an amendment prohibiting all outdoor cooking, and that it was my landlord’s responsibility to inform me of the bylaws.
Neither the strata corporation nor the landlord provided any bylaw updates. How is it possible for tenants to comply with new bylaws if they don’t know about them?
Terri M.
When owners rent out a strata lot, they must provide a completed Form K notice of tenant’s responsibilities to the strata corporation. Both the landlord and the tenant must sign the form.
The landlord’s obligation is to ensure that all current bylaws and rules of the strata corporation at the time the form is signed are attached to the form and provided to the tenant.
While the form acknowledges that the tenant must comply with any changes to bylaws and rules, the duty to inform tenants of any changes falls on the shoulders of the strata corporation.
Under the Strata Property Act, the strata corporation must inform owners and tenants of any amendments to the bylaws as soon as feasible after the amendment is approved.
Unfortunately, many strata corporations and managers assume owners will inform their tenants, or that the notice of a general meeting and the minutes that follow will be sufficient.
This is not formal notice in the same manner as a general meeting, but applies the general communication format your strata corporation employs, provided every tenant and owner has access to the information.
Best practice is that if your strata corporation has adopted new bylaws or ratified new rules, as soon as feasible, have them posted to a website where everyone has access, or post them in public areas where residents will see notices, and send out a written copy advising of the new bylaws or rules.
The minutes of the meeting can be an acceptable form of notice, but attach the new ratified rules or approved bylaws so they are clearly identified.
To ensure you have given notice of enforceable bylaws, within a week of your meeting, confirm that the new bylaws have been filed in the Land Title Registry before you send the minutes or notice of new bylaws.
We have identified many circumstances where bylaws were adopted but never filed. Bylaws are only enforceable once they are filed in the registry.
Notice of bylaw amendments after they have been approved but not filed is required, as there might be bylaws that have exemptions for age restrictions, pet bylaws or rental restrictions, and these exemptions apply when the bylaw is approved, not when it is filed, so timing is everything.
Don’t forget: If you are a landlord and renting your unit to a family member, or qualify under any of the rental exemptions, you must still provide a completed Form K to the strata corporation.
Tony Gioventu is executive director of the Condominium Home Owners Association.
