The Strata Form I: Amendment to Bylaws is a crucial legal document in British Columbia that serves to formally register changes to a strata corporation's bylaws with the Land Title Office (LTO).
Its primary function is to create a legally binding and publicly verifiable record of the current bylaws governing a strata property. Without a Form I being filed, any new or changed bylaws are generally not enforceable.
The Form I is mandated by Section 128 of the Strata Property Act (SPA). It acts as a certificate filed with the LTO to confirm that a formal change to the strata's bylaws has occurred, linking the new bylaw text to the strata's official record of title.
Key aspects of its function include:
Public Record: It ensures that anyone searching the title of a strata lot (e.g., a prospective buyer or lender) can access the current, official set of bylaws that governs the property.
Enforceability: A strata bylaw amendment is only effective once the completed Form I and the attached new bylaw wording are filed in the Land Title Office. Until then, the old bylaws remain in force.
Certification: The form certifies that the bylaw amendment was approved by the required level of vote (almost always a three-quarters (3/4) vote of the eligible voters present at an Annual or Special General Meeting).
The process begins after the owners have successfully passed a resolution to change the bylaws at a general meeting.
Step / Description / Details & Requirements
1. Owner Approval
A resolution to amend (create, change, or delete) a bylaw must be passed by a 3/4 vote of the owners present and voting at a properly convened Annual General Meeting (AGM) or Special General Meeting (SGM).
This is the minimum vote required under the Strata Property Act for bylaw amendments.
2. Preparation
The strata council or strata manager prepares the Form I.
The form must clearly state the registration number of the strata plan and the date the resolution was approved at the meeting.
3. Attachment of Wording
The exact, final, and approved wording of the bylaw amendment(s) must be physically attached to the Form I.
This attachment is the actual legal text that will govern the strata once filed.
4. Signing
The Form I is signed by the authorized representatives of the strata corporation.
This typically requires the signature of two council members (or one if the council consists of only one member) or the authorized strata property manager.
5. Filing at the LTO
The signed Form I, along with the attached bylaw amendment(s), is filed electronically or by mail with the Land Title Office (LTO).
The Form I must be filed within 60 days of the date the amendment was approved at the general meeting. Failure to meet this deadline invalidates the amendment, requiring the strata to pass the vote again.
6. Effective Date
The bylaw amendment becomes legally effective on the date it is filed in the LTO.
The strata must inform owners of the new filing.
In short, Form I is the critical administrative step that transforms a decision made by owners at a meeting into a binding, enforceable law governing the strata property.