Can a strata corporation prevent an owner from running for strata council?

 

Yes, but only if the strata corporation has a bylaw that prohibits a person from standing for, or remaining on council if the strata corporation is entitled to register a lien against their strata lot. 1
Court decisions have generally interpreted “entitled to register a lien” to mean that the strata corporation has provided a demand letter for amounts in arrears in accordance with section 112(2) of the Strata Property Act at least two weeks prior to the meeting. 2

 

 

Notes:

  1. Strata Property Act, SBC 1998, c.43, s.28(3)
  2. Strata Property Act, SBC 1998, c.43, s.112(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.