Do residential and non-residential strata lots both need to approve of bylaw amendments in separate votes?

Yes. Section 128(1)(c) of the Strata Property Act states that in strata corporations made up of both residential and non-residential strata lots, a bylaw amendment must be passed by a ¾ vote of the residential strata lots and a separate ¾ vote of the non-residential strata lots (or another threshold for non-residential strata lots if set out in the bylaws). 1

 

 

Notes:

  1. Strata Property Act, SBC 1998, c.43, s.128(1)(c)
Oscar Miklos
Oscar Miklos is the founder and principal lawyer at Refresh Law in Burnaby and the founder of HousingGuide.ca. He regularly advises residential and commercial landlords and tenants, strata owners, strata corporations, property managers and insurance providers in all aspects of housing disputes.