How to calculate General Meeting minimum notice time requirements

 

Section 45(1) of the Strata Property Act, SBC 1998, c.43 states that strata corporations “must give at least 2 weeks’ written notice of an annual or special general meeting.”
In order to calculate whether a strata corporation has complied with the minimum notice requirements, you must consider the following:

  1. What method of delivery has the strata corporation used to send the notice
  2. How the Interpretation Act, RSBC 1996, c.243 calculates time

Method of Delivery

A strata corporation must deliver the notice in accordance with the Strata Property Act. While a strata corporation can deliver notices to owners in person, most strata corporation deliver notices by mail, email or by sliding notices under the doors of the strata lots.

With the exception of delivery “in person”, the Strata Property Act deems that delivery will occur four days after one of the permitted delivery methods is used.

For more information on permitted notice methods, see “How can a strata corporation deliver a notice or record?

Calculation of Time Under the Interpretation Act

The Interpretation Act provides very specific rules on how time must be calculated. In the case of calculating required notice periods, you need to calculate how much time is required to provide the two weeks notice and how long it takes for the notice to be considered “delivered”.

How to Calculate “at least 2 weeks”

Under section 25(4) of the Interpretation Act, where the words “at least” are used, the first and last days must be excluded. This means that you must exclude the day that notice is deemed to be “delivered” and the day of the event for which notice is provided.

The last day of the two week period must fall on the day before the general meeting, and you cannot start counting the two week period until the day after notice is delivered. Basically, two weeks means 16 days.

How to Calculate Delivery Time

Assuming that a notice has been delivered using a method other than hand delivery directly to the owners, and the strata corporation used a method of delivery permitted under the Strata Property Act, then notice will be deemed to be delivered four days after notice is sent or otherwise provided. 1

You must exclude the first day when notice is actually sent and then add four days, counting the fourth and last day.

How to Calculate the Minimum Notice Including Delivery Times

How do you add it all up? Count backwards.

The notice must be deemed to be delivered to the owner sixteen days before the event, as fourteen clear days must fall between the event and receipt of the notice.

Delivery is normally deemed to occur four days after it is sent, excluding the day the notice was actually emailed, sent or left with a strata lot.

This means that notices must normally be emailed, sent or left with a strata lot on a day that is at least 21 days before the general meeting.

 

(I apologize on behalf of lawyers for making this process so complicated to figure out!)

Notes:

  1. Interpretation Act, RSBC 1996, c.243, s.25(5)