Strata Law Guide

Information published on this website is for reference only. It is not legal advice. If you are dealing with a legal issue, please consult with a qualified legal professional.

Budget & Finances

Who chooses which depreciation report funding model is used?

Under the Strata Property Regulation, a Depreciation Report must include at least three different cash-flow-funding models for current and future maintenance and repairs identified...

What happens if a strata corporation has an operating deficit?

Operating deficits must be eliminated during the next fiscal year.Strata Property Act, SBC 1998, c.43, s.105(2)      

Can a strata corporation spend money without owner approval?

If an expenditure has not been approved in the budget or at an Annual or Special General Meeting, it may only be made in...

Can a strata corporation sell a caretaker suite?

Yes, with ¾ vote approval of the owners if the caretaker suite is a common asset owned by the strata corporation. Pursuant to section 79...

If a budget isn’t passed, can a strata corporation still spend money?

Until a new budget is passed, a strata corporation may only spend money on approved expenditures as set out in the previous...

What happens if owners don’t approve the annual budget?

If the owners don’t approve the annual budget at an Annual General Meeting, the strata corporation must prepare a new budget within...

Can a strata corporation mortgage common property?

No. Section 81 of the Strata Property Act, SBC 1998, c.43 prohibits a strata corporation from mortgaging common property. Strata corporations are...

If a budget isn’t passed, do owners still have to pay strata fees?

Yes. Until a new budget is passed, owners must continue to pay strata fees in accordance with the previous budget. Strata Property...

Can a strata corporation charge fees to use common property or assets?

Yes, but the user fee must be reasonable and must be set out in a bylaw or a rule that has been ratified at...

Does a strata corporation have to file a tax return?

Yes. A strata corporation must file an annual corporate tax return each year. If a strata corporation holds assets that exceed $200,000...

Can an owner pay to acquire personal property for the strata corporation?

  Yes, but the strata corporation must obtain owner approval by a 3/4 resolution to acquire the property if the property is worth more than...

Can a strata corporation fund emergency repairs without owner approval?

If there are reasonable grounds to believe that an immediate unapproved expenditure is required to prevent significant loss or damage, whether physical or otherwise,...

Can a strata corporation charge interest on special levies?

Yes. Section 108(4.1) of the Strata Property Act, SBC 1998, c.43 permits a strata corporation to charge interest on late payment of a special...

Can a strata corporation use a caretaker suite as collateral for a mortgage?

Yes, with ¾ vote approval as long as the caretaker suite is a common asset owned by the strata corporation. Pursuant to section 79 of...

What can a strata corporation do with an operating budget surplus?

If a strata corporation has a budget surplus after meeting all operating expenses in a fiscal year, the budget surplus may be:...

Can an owner pay to acquire real estate for the strata corporation?

Yes, but the strata corporation must obtain owner approval by a 3/4 resolution before it can acquire the real property.Strata Property Act, SBC 1998,...

Can a strata corporation charge interest on strata fees?

Yes. Section 107 of the Strata Property Act, SBC 1998, c.43 permits a strata corporation to charge interest on late payment of strata fees....

Can a strata corporation acquire personal property for its use?

Yes, but the strata corporation must obtain prior approval by a ¾ vote resolution if the personal property has a market value greater than...

Can a strata corporation sell personal property it owns?

Yes, but the strata corporation must obtain prior approval by a ¾ vote resolution if the personal property has a market value greater than...

Bylaws & Rules

Who makes strata corporation rules?

The strata council makes rules while exercising the powers of the strata corporation. Rules may only govern the use, safety and condition of common property...

Do rules have to be approved by the Owners?

While the strata council makes the rules, they must be approved by a majority vote of the owners at the next Annual General Meeting....

Do rules have to be registered in the Land Title Office?

No, but rules must be set out in a written document capable of being photocopied and the strata corporation must inform owners and tenants...

Must a strata corporation have bylaws?

Yes. Strata corporations must have bylaws for the administration, control, management, maintenance, use and enjoyment of the strata lots, common property, common assets and the strata...

Can a developer register bylaws before any owners move in?

Yes, a developer may file and register different bylaws when depositing the strata plan in the Land Title Office.Strata Property Act, SBC 1998, c.43,...

What if a strata corporation does not have any bylaws registered?

If a strata corporation does not have any registered bylaws, the strata corporation must operate using the Standard Bylaws in the Strata Property Act...

What happens if a strata council member breaches a bylaw?

If the strata corporation receives a complaint against a strata council member, that strata council member must not participate in any enforcement decision made...

Are strata corporations subject to the Human Rights Code?

Yes. The Human Rights Tribunal has found that strata corporations are subject to the Human Rights Code in their relationships with owners, occupants, tenants...

What happens if a bylaw and the Strata Property Act conflict?

If there is a conflict between a bylaw and the Strata Property Act, the legislation prevails.Strata Property Act, SBC 1998, c.43, s.121(1)(a)    

What happens if a strata bylaw and rule conflict?

If there is a conflict between a bylaw and a rule, the bylaw prevails.Strata Property Act, SBC 1998, c.43, s.125(5)        

Dispute Resolution

General Meetings

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...

Who can vote at a general meeting?

Strata corporations are designed to be democratic. Budgets, exceptional expenditures and any significant changes to the strata corporation or its assets require a vote...

Can employees of a strata corporation be proxies?

No, employees of a strata corporation cannot be proxies at either a general meeting or a special general meeting. Section 56(3)(a) of the Strata...

Can a tenant vote at a general meeting?

Yes, but only if the owner has provided a valid written proxy allowing the tenant to vote on his or her behalf or if...

Can an owner add a resolution to the AGM agenda?

Persons holding at least 20% of a strata corporation’s votes may, by written demand, propose a resolution or raise a matter for inclusion in...

How to Call a Special General Meeting

Special General Meetings, frequently referred to as "SGM"s, are special meetings where strata corporation owners vote on matters that require their approval. A Special...

Do residential and non-residential strata lots both need to approve of bylaw amendments in...

Yes. Section 128(1)(c) of the Strata Property Act states that in strata corporations made up of both residential and non-residential strata lots, a bylaw...

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...

Governance

How can a strata corporation deliver a notice or record?

Section 61 of the Strata Property Act, SBC 1998, c.43 provides rules for delivery of notices or records by a strata corporation. If an owner...

Do the standard bylaws apply to bare land strata plans?

Yes. Section 120(1) of the Strata Property Act, SBC 1998, c.43 provides that the Standard Bylaws apply to all strata corporations except...

How can you tell if a strata lot is in a bare land strata...

You can tell if a strata lot is in a bare land strata plan by examining the plan filed with the Land Title &...

How to remove strata council or council member

Removing a strata council or a strata council member normally requires a vote of the owners. As strata councils are democratically elected, they must be...

Can an owner assign their powers and duties to a tenant?

  Yes. Under section 147 of the Strata Property Act, an owner may assign some or all of their powers or duties to their tenant (except...

What is a strata corporation’s legal name?

All strata plan's have the name basic legal name structure. Section 2(1)(b) of the Strata Property Act states: "the owners of the strata lots in...

Privacy Rights

Can a strata charge for providing copies of video surveillance or fob records?

Yes, most of the time a strata corporation can charge for copies of video surveillance or fob records. Under the Personal Information Protection Act ("PIPA"),...

Are security records considered personal or private information?

Yes, security records are considered to be personal/private information. The Personal Information Protection Act ("PIPA") defines personal information as "information about about an identifiable individual",...

Records

What happens if a strata corporation refuses to provide access to records?

If a strata corporation fails to provide records to owners or other authorized persons in accordance with section 36 of the Strata...

Does my strata corporation have to provide access to records?

Under section 36 of the Strata Property Act, an owner, a tenant assigned the rights of an owner to inspect or obtain...

How much can a strata corporation charge for access or copies of records?

A strata corporation is prohibited from charging a fee to access and inspect strata corporation records.Strata Property Regulation, B.C. Reg. 43/2000, s.4.2(2)...

What records are strata corporations required to create and maintain?

The Strata Property Act requires transparency on the part of a strata corporation. This transparency is an important part of the democratic...

Renovations & Alterations

Can two or more strata lots be combined?

Yes. Sections 259 and 260 of the Strata Property Act permit the consolidation of two or more strata lots into a single strata lot....

Rentals

How to Apply for a Rental Restriction Hardship Exemption

  Rental restrictions are a hot topic and a great source of conflict between owners and strata corporations. Every week I receive calls and emails...

Can a strata rent or lease common property?

When someone rents or leases common property, they normally obtain the exclusive right to use that property. Since all owners have proportionate tenant-in-common ownership of...

Repairs & Maintenance

Who is responsible for repairing common property?

Section 72 of the Strata Property Act provides that, with the exception of limited common property designated for the exclusive use of one or...

Your use of this website constitutes your acceptance of the Terms of Use.