Strata GovernanceJuly 9, 2026 · 6 min read

Unenforceable Strata Bylaws in BC: Which Rules Actually Hold Up

Rental bans, most age limits and tenant screening: some BC strata bylaws simply don't hold up. Here's which rules are unenforceable, and why, under current law.

In BC, a strata bylaw is unenforceable to the extent it conflicts with the Strata Property Act, its regulations, the Human Rights Code, or any other law — no matter how properly the owners voted it in. Today the clearest examples are rental bans and most age restrictions.

The golden rule: bylaws can't beat the law

A strata corporation can make bylaws to govern the community, but those bylaws sit below provincial law. Section 121 of the Strata Property Act says 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.

That matters because plenty of stratas still have old bylaws on the books that were perfectly valid when passed but have since been overtaken by legislation. A bylaw doesn't automatically vanish when the law changes — but it stops being enforceable. If your council tries to fine someone under a dead bylaw, the fine won't stand.

Rental restrictions no longer hold up

This is the big one. On November 24, 2022, the province passed Bill 44 and removed strata rental restriction bylaws across BC. Since then:

A strata cannot ban rentals, and
A strata cannot cap the number of strata lots that may be rented.

Any existing rental-restriction bylaw is now unenforceable, whether or not the strata has formally repealed it. Owners are free to rent out their units. (For the full picture, see renting out your strata unit after Bill 44.)

One important distinction: short-term rentals are different. Stratas can still restrict or ban short-term accommodation (think Airbnb-style stays), and those bylaws are enforceable — with fines of up to $1,000 a day. See can your strata stop Airbnb for where that line sits.

Age restrictions: only "55 and over" survives

Bill 44 also swept away most age-restriction bylaws. The only age restriction a strata can now enforce is a bylaw requiring one or more residents of a strata lot to be at least 55.

A "19+" or "no children" bylaw? Unenforceable.
A minimum-age scheme set below 55? Doesn't hold up.

There are narrow regulated exemptions even within valid 55+ buildings (for example, for a live-in caregiver or the surviving spouse of a qualifying resident), so the details matter.

Bylaws that discriminate

Because Section 121 imports the Human Rights Code, bylaws that discriminate on protected grounds — race, religion, family status, disability, sexual orientation, and others — are unenforceable. A bylaw that effectively bans children (outside the permitted 55+ context) or penalises a resident for needing a service animal or an accessibility accommodation will not survive a challenge.

Bylaws that overreach or reach into your unit

A few other categories tend to fail:

Tenant screening. The Act blocks bylaws that screen tenants, set qualifications for who can rent, or require the strata to approve a tenant. Councils can't gatekeep who lives in a rented unit.
Rules dressed up as bylaws. Council can make rules, but rules only govern the use of common property and common assets — not the inside of your strata lot. A "rule" that tries to control what happens inside your home is likely invalid.
Vague or arbitrary bylaws. A bylaw so unclear that an owner can't reasonably know what's prohibited is hard to enforce, and inconsistent enforcement invites a "significant unfairness" claim at the CRT.
Bylaws that were never filed. A bylaw amendment has no effect until it's filed at the Land Title Office (Section 128). A resolution passed at an AGM but never filed simply isn't a bylaw yet.

"Passed properly" isn't the same as "enforceable"

Here's the trap: the Land Title Office doesn't check whether your bylaw is legal when you file it. It just records it. So a strata can pass a 3/4 vote, file a Form I, and still end up with an unenforceable bylaw on title. Proper process does not cure an illegal bylaw.

That's also why "it's in our bylaws" isn't the last word. If the bylaw conflicts with the Act or the Human Rights Code, it loses.

What to do if you think a bylaw is unenforceable

For owners:

Read the actual bylaw and the section of the Act it may conflict with.
Raise it in writing with council — often that's enough to stop enforcement.
If council presses ahead, you can apply to the Civil Resolution Tribunal (CRT), which resolves most strata disputes and can order the strata to stop.

For councils:

Audit your registered bylaws for anything pre-dating Bill 44 (rental caps, sub-55 age limits, tenant approval).
Stop enforcing anything that now conflicts with the law.
Clean up the bylaws by repealing dead provisions — see how to change strata bylaws — so your documents actually reflect what you can enforce.

Cleaning up unenforceable bylaws protects the strata, too: enforcing a dead bylaw can expose the corporation to a costly CRT order.

Frequently asked questions

Can a strata still stop me from renting my unit in BC? No. Long-term rental restrictions were removed in 2022 and are unenforceable. Short-term rental (Airbnb-style) bylaws are a separate matter and can still be enforced.

Is a "no pets" bylaw enforceable? Generally yes, if it was properly passed and filed — pet bylaws don't conflict with the Act. But they can't override the right to a certified guide or service dog, and reasonable accommodation for disability still applies.

Our bylaw is registered at the Land Title Office — doesn't that make it valid? Not necessarily. The Land Title Office records bylaws but doesn't rule on their legality. A registered bylaw that conflicts with the law is still unenforceable.

Who decides whether a bylaw is unenforceable? If council and the owner can't agree, the CRT (or, in some cases, the courts) decides. You don't have to just accept an enforcement action you believe is unlawful.