The strata corporation is permitted to enact bylaws as long as said bylaws do not contravene the Strata Property Act, the Regulations pursuant to same, the Human Rights Code or any other enactment or law or bylaws that destroy easements or that interfere with an owner’s ability to sell their strata lot: s. 121 of the Strata Property Act.

This gives a strata corporation a wide power to pass bylaws to manage the itself. However, where bylaws are contrary to the Strata Property Act, its Regulations, the Human Rights Code, seek to destroy an easement or interfere with an owner’s ability to sell their strata lot, the bylaw may be challenged in court.

My strata has a bylaw prohibiting use of BBQ’s on balconies. I would like to buy a BBQ for grilling in the summer and would like to challenge the bylaw as being illegal. Will I succeed?

We do not believe so as the bylaw is consistent with s. 121 of the Strata Property Act.

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