Can a strata change its bylaws from June 20, 2001 to March 10, 2015 still be valid?

British Columbia, Canada


The following excerpt is from Residential Section of The Owners, Strata Plan LMS 1089 v. The Owners, Strata Plan LMS 1089, 2019 BCCRT 1341 (CanLII):

10. In a January 28, 2019 tribunal decision in Pedret v. The Owners, Strata Plan LMS 1089, 2019 BCCRT 107, another tribunal member determined that bylaw amendments dated March 10, 2015 and subsequent amendments were not valid, and found that the bylaws in effect immediately prior to March 2015 applied to the strata. Subsequently, in an October 30, 2019 default decision in file number ST-2019-004680, the tribunal member ordered that the bylaws filed on November 1, 2002 and any subsequent amendments were invalid, and the applicable bylaws were those filed on June 20, 2001. In their submissions, the parties refer to versions of the bylaws that are not valid. However, I find that this dispute may be decided solely with reference to the Strata Property Act (SPA) and the case law.

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