A strata building has the rental restriction bylaws, but a family member (the owner's parent /children or the owner's spouse' parent/children) can be exempt from the rental bylaw per the Strata Property Act. The question is if the said family members should file a Form K - Notice of Tenants' Responsibilities with the strata corporation? The answer is yes. Why? Per the definition of the Strata Property Act, if an owner does not reside in a strata lot, anyone else there is defi

A strata council may delegate its certain power or duty to one particular person, say the Council President or the Property Manager; however, Under the Strata Property Act and regulations, a strata manager or strata management company cannot: ​ act as an arbitrator in an arbitration proceeding without the consent of all parties keep strata corporation records beyond four weeks after the termination of the contract act as a proxy holder for any voter in the strata corporation

On a very basic level who is the Strata Management company’s client? There can only be 3 answers: 1) the Strata Council, 2) Strata Corporation, or 3) both? Surprisingly the answer is 1. The Real Estate Council of BC (RECBC) has made it very clear that Strata Management agreements are with Strata Corporations, and Strata Corporations are managed by their Strata Councils. This being the case, the natural extension to that the Strata Council is the client. In section 4 of the St

At each annual general meeting of a strata corporation, a strata council is elected. How is membership on a strata council determined and who is eligible for membership on the strata council? Section 29 of the Strata Property Act describes membership on council as follows: 29(1) The number of persons on council is determined by the bylaws. Therefore the strata corporation’s Bylaws should be inspected in order to determine the number of persons who may serve on the strata coun

Below items are based on the author’s best knowledge. If any doubt, please seek a legal advice. At an Annual General Meeting, some voting cards were handed to someone else to vote. The question is if such voting cards could be transferred. The correct answer is that the voting cards are not transferable. There was a case in which an owner had requested a secret ballot and the Property Manager did not bring a voting booth with them. The BC Supreme Court Justice that heard this

Several amendments to the Strata Property Act have become effective as of April 9, 2014. These are described in Bill 12 – Natural Gas Development Statues Amendment Act. The following is an excerpt: Strata Property Act 39 Section 1 (1) of the Strata Property Act, S.B.C. 1998, c. 43, is amended (a) in the definition of ”contingency reserve fund” by striking out “that usually occur less often than once a year or that do not usually occur”, and (b) in the definition of ”operating

We have been advised of a revision to the Strata Property Act Regulation that will come into effect in July 2014 that will increase the types of investments that a strata corporation can invest in. Interested parties can view the Order in Council. The following is an excerpt from the Real Estate Council: May 15, 2014 Effective July 2014, section 6.11 of the Strata Property Regulation is amended to allow strata corporations to invest in a range of high quality investments, suc

As is well known in the strata management industry, long standing practices of managing Sectioned Strata Corporations have been turned on their head and we are in the throes of change. While technically permitted, the practice of a Strata Management Brokerage being engaged by more than one related entity (Strata or one or more Sections thereof) is fraught with risk. With the inevitable comprised representation for some parties in cases of conflict, (which the most growth-driv

Strata Property Act Under the Strata Property Act, there are regulations in place to improve accountability in strata corporations and require owners to pay for certain repairs. Following consultations with the strata community (including strata lot owners, associations, legal experts and professionals) the Strata Property Act was amended. This allows strata corporations to apply to the Supreme Court to order a tenant to perform duties required under strata bylaws, and to mov

Responsibilities of Strata Owners When you own a house, it is easy to understand that what you own is the building and the land which surrounds it. Owners of houses also know the property belongs to them, and they can approach their municipality to obtain a copy of the plan that describes the boundaries. House owners know intuitively that when it comes to repairs, they are responsible to repair and maintain their house and their land. For the owners of strata lots in a strata