Can a strata corporation force owners to purchase homeowner insurance
Some stratas require owners to purchase homeowner insurance and to provide a copy of the policy to the strata council each year. They even made it in the Bylaws. Is this enforceable?
A Strata corporation has no interest in the personal liabilities of an owner, resident or tenant, and cannot force owners to protect their personal labilities. Homeowner insurance is not mandatory in BC. The Strata Property Act provides that a strata corporation must insure the whole building 100% only. A strata corporation has no interest in the personal liabilities of an owner, resident or tenant, and cannot force owners to protect their personal liabilities. Therefore, a strata corporation cannot force owners to buy homeowner insurance.
Besides, besides homeowner insurance, what about occupants who are not owners, such as tenants or family members. If the owners do buy homeowner insurance provide a copy to the strata corporation, will the strata council review the policy to determine if the insurance is sufficient? Will they notify an owner if there is a defect, error or exemption in the homeowner policy? That is to say, the strata may invite additional liability to itself.
See the legal opinion in the following link: