Are all strata bylaws enforceable?

No. Strata bylaws are not enforceable to the extent that they: 1

  • Contravene the Strata Property Act, regulations, the Human Rights Code or any other enactment of law;
  • Destroys or modifies an implied easement created by section 69 of the Strata Property Act; or
  • Prohibits or restricts the right of an owner to freely sell, lease, rent, mortgage or otherwise dispose of a strata lot or an interest in a strata lot.

A bylaw may only prohibition or restrict the right of an owner to sell, lease, rent or mortgage their property if: 2

  • The specific rental restrictions are permitted under section 141 of the Strata Property Act;
  • The bylaws govern but do not unreasonably restrict or prohibit sales related activities; or
  • They restrict the age of persons who may reside in a strata lot.





  1. Strata Property Act, SBC 1998, c.43, s.121(1)
  2. Strata Property Act, SBC 1998, c.43, s.121(2)
Oscar Miklos
Oscar Miklos is the founder and principal lawyer at Refresh Law in Burnaby and the founder of He regularly advises residential and commercial landlords and tenants, strata owners, strata corporations, property managers and insurance providers in all aspects of housing disputes.