The Issue:
In a strata corporation divided into three types of strata lots (Type A, Type B, Type C), a problem arises when voting rights are unevenly distributed. For example, if one owner holds all the Type A lots and Type A represents 30% of the total voting rights, that owner can significantly influence the outcome of council elections at the Annual General Meeting (AGM).

Although different types of strata lots may have differing interests, this imbalance allows one owner to effectively decide who sits on the council—potentially favoring their own interests over others.

Can Bylaws Require Council Representation by Type (Without Creating Sections)?
Yes. Bylaws can specify how many council members must come from each strata lot type—even without formally dividing the strata into sections under the Strata Property Act (SPA).

This practice is recognized and supported by legal experts and BC Civil Resolution Tribunal (CRT) decisions. However, for such a bylaw to be valid, it must:

  • Be clearly written,
  • Be passed by a ¾ vote of the owners,
  • Be filed with the Land Title Office.

Important Limitation:
Simply allocating council seats by type does not prevent all owners from voting on every seat—unless the bylaw goes further and states that only owners of a specific type may nominate and vote for their own representative.

Can a Bylaw Restrict Voting or Nomination by Type?
Yes—but only if it is explicitly written into the bylaw.

Example:
If the bylaw states:

“The strata council shall consist of one council member elected by owners of Type A strata lots, one by the owners of Type B strata lots, and five by the owners of Type C strata lots,”

Then only owners of each type may vote for their respective representative.

Why This Matters in Your Case:
If your current bylaw assigns council seats by type, but does not limit voting or nomination to owners of that type:

  • The owner with the large voting block (e.g., 30%) can still vote for all council seats,
  • This effectively allows them to dominate or control the entire council, despite the appearance of fair representation.

This is a common loophole that savvy or powerful owners can exploit—unless the bylaw is properly written.

What You Can Do

Short-Term (Before or During the AGM):

  • Review your existing bylaws carefully.
  • If the bylaw doesn’t restrict voting by type, then the large voting owner can legally vote for all positions, even if that undermines the intent of fair representation.

Long-Term (To Close the Loophole):
Amend your bylaws to make the voting process type-specific. For example:

“Proposed Bylaw Amendment: Council Composition and Election by Strata Lot Type

Council Composition by Type

  1. The strata council shall be composed of seven (7) members, elected as follows:
    • One (1) council member shall be elected exclusively by the owners of Type A strata lots;
    • One (1) council member shall be elected exclusively by the owners of Type B strata lots;
    • Five (5) council members shall be elected exclusively by the owners of Type C strata lots.

Nomination and Voting Process
2. Only owners of each specific strata lot type may:

  • Nominate candidates for the council seat allocated to their type, and
  • Vote in the election for the council member representing their type.
  1. No owner shall vote on or nominate a candidate for a council seat allocated to a type of strata lot they do not own.

Eligibility
4. A person may only be nominated for a council seat representing the type of strata lot that they own, or in the case of a corporation, that their unit is registered under.

Vacancies and Replacements
5. If a council member elected under this bylaw resigns, becomes ineligible, or is otherwise unable to serve:

  • The remaining members of council may appoint a replacement only from among the owners of the same strata lot type, or
  • A by-election may be held at a general meeting, in which only owners of that specific type may participate.

Interpretation
6. For the purposes of this bylaw:

  • “Type A”, “Type B”, and “Type C” refer to categories of strata lots as previously defined in the strata plan or as commonly used by the strata corporation to designate usage or ownership types.
  • This bylaw shall be read in conjunction with the Strata Property Act and the existing bylaws of the strata corporation. Where there is a conflict, this bylaw prevails to the extent permitted by law.”

Such language ensures representation is both proportionate and protected, preventing a single owner from controlling the entire council through weighted voting.