Strata Property Act

July 30, 1998

1527898742/98043/tlc98043_f

E4tlc98043

Definitions and

Interpretation

Definitions and

interpretation

In this Act:

3/4 vote means a vote in favour of a resolution by at least 3/4 of the votes cast by eligible voters who are present in person or by proxy at the time the vote is taken and who have not abstained from voting;

80% vote means a vote in favour of a resolution by at least 80% of the votes of all the eligible voters;

approving officer means an appropriate approving officer appointed under the Land Title Act ;

assessed value means the value assessed under the Assessment Act ;

bare land strata plan means

a strata plan on which the boundaries of the strata lots are defined on a horizontal plane by reference to survey markers and not by reference to the floors, walls or ceilings of a building, or

any other strata plan defined by regulation to be a bare land strata plan;

bylaw means a bylaw of a strata corporation;

civil resolution tribunal means the Civil Resolution Tribunal established under the Civil Resolution Tribunal Act ;

common asset means

personal property held by or on behalf of a strata corporation, and

land held in the name of or on behalf of a strata corporation, that is

not shown on the strata plan, or

shown as a strata lot on the strata plan;

common expenses means expenses

relating to the common property and common assets of the strata corporation, or

required to meet any other purpose or obligation of the strata corporation;

common property means

that part of the land and buildings shown on a strata plan that is not part of a strata lot, and

pipes, wires, cables, chutes, ducts and other facilities for the passage or provision of water, sewage, drainage, gas, oil, electricity, telephone, radio, television, garbage, heating and cooling systems, or other similar services, if they are located

within a floor, wall or ceiling that forms a boundary

between a strata lot and another strata lot,

between a strata lot and the common property, or

between a strata lot or common property and another parcel of land, or

wholly or partially within a strata lot, if they are capable of being and intended to be used in connection with the enjoyment of another strata lot or the common property;

contingency reserve fund means a fund for common expenses, as set out in

section 92 (b);

convey and conveyance , when referring to the conveyance of a strata lot to a purchaser, means any of the following in respect of which an application to the land title office has been made to register:

a transfer of a freehold estate in the strata lot;

an agreement for sale of the strata lot;

an assignment of a purchaser's interest in an agreement for sale of the strata lot;

an assignment of a strata lot lease in a leasehold strata plan;

electric vehicle means a motor vehicle that is a plug-in hybrid or fully electric;

eligible voters means persons who may vote under sections 53 to 58;

EV charging infrastructure means equipment that is capable of supplying electricity to charge the battery of an electric vehicle;

judgment means a judgment of a court, and includes costs awarded in respect of the judgment;

landlord means an owner who rents a strata lot to a tenant and a tenant who rents a strata lot to a subtenant, but does not include a leasehold landlord in a leasehold strata plan as defined in

section 199;

limited common property means common property designated for the exclusive use of the owners of one or more strata lots;

majority vote means a vote in favour of a resolution by more than 1/2 of the votes cast by eligible voters who are present in person or by proxy at the time the vote is taken and who have not abstained from voting;

motor vehicle means a motor vehicle within the meaning of the Motor Vehicle Act , but does not include a motor vehicle in a prescribed class of motor vehicles;

occupant means a person, other than an owner or tenant, who occupies a strata lot;

operating fund means a fund for common expenses, as set out in

section 92 (a);

owner means a person, including an owner developer, who is

a person shown in the register of a land title office as the owner of a freehold estate in a strata lot, whether entitled to it in the person's own right or in a representative capacity, or

if the strata lot is in a leasehold strata plan, as defined in

section 199, a leasehold tenant as defined in that section,

unless there is

a registered agreement for sale, in which case it means the registered holder of the last registered agreement for sale, or

a registered life estate, in which case it means the tenant for life;

owner developer means

a person

who, on the date that application is made to the registrar for deposit of the strata plan, is registered in the land title office as

the owner of the freehold estate in the land shown on the strata plan, or

in the case of a leasehold strata plan as defined in

section 199, the lessee of the ground lease of the land, or

who acquires all the strata lots in a strata plan from the person referred to in subparagraph (i), and

a person who acquires all of the interest of a person who is an owner developer under paragraph (

a) in more than 50% of the strata lots in a strata plan;

phased strata plan means a strata plan that is deposited in successive phases under

Part 13;

purchaser means a person, other than an owner developer, who enters into an agreement to purchase a strata lot or to acquire a strata lot lease in a leasehold strata plan as defined in

section 199, but to whom the strata lot or strata lot lease has not yet been conveyed or assigned;

registrar means a registrar of titles as defined in the Land Title Act , and includes a deputy registrar or acting registrar under that Act;

regulations means regulations made by the Lieutenant Governor in Council under

section 292;

residential strata lot means a strata lot designed or intended to be used primarily as a residence;

rule means a rule of a strata corporation made under

section 125 or 197;

section , when used in reference to a strata corporation, means a

section of the strata corporation created under

section 192 or 193;

Standard Bylaws means the bylaws set out in the

Schedule of Standard Bylaws;

strata corporation means a strata corporation established under

section 2;

strata lot means a lot shown on a strata plan;

sue means the act of bringing any kind of court proceeding;

suit means any kind of court proceeding;

superintendent means the Superintendent of Real Estate appointed under

section 2.1 (1) of the Real Estate Services Act ;

Supreme Court means the Supreme Court of British Columbia;

tenant means a person who rents all or part of a strata lot, and includes a subtenant but does not include a leasehold tenant in a leasehold strata plan as defined in

section 199 or a tenant for life under a registered life estate;

tribunal proceeding means a tribunal proceeding under the Civil Resolution Tribunal Act ;

unanimous vote means a vote in favour of a resolution by all the votes of all the eligible voters;

unit entitlement of a strata lot means the number indicated in the

Schedule of Unit Entitlement established under

section 246, that is used in calculations to determine the strata lot's share of

the common property and common assets, and

the common expenses and liabilities of the strata corporation;

winding-up resolution means a resolution referred to in

section 272 (1) [vote to cancel strata plan and become tenants in common] , or

section 277 (1) [appointment of liquidator] .

A word or expression in this Act has the meaning given to it in the Land Title Act , unless it is defined in this Act or the context requires otherwise.

The Strata Corporation

Establishment of strata corporation

From the time the strata plan is deposited in a land title office,

a strata corporation is established, and

the owners of the strata lots in the strata plan are members of the strata corporation under the name "The Owners, Strata Plan [the registration number of the strata plan] ".

Subject to any limitation under this Act, a strata corporation has the power and capacity of a natural person of full capacity.

Responsibilities of strata corporation

Except as otherwise provided in this Act, the strata corporation is responsible for managing and maintaining the common property and common assets of the strata corporation for the benefit of the owners.

Strata corporation functions through council

The powers and duties of the strata corporation must be exercised and performed by a council, unless this Act, the regulations or the bylaws provide otherwise.

The Owner Developer

General

Owner developer's control of strata corporation

The owner developer must exercise the powers and perform the duties of a council from the time the strata corporation is established until a council is elected at the strata corporation's first annual general meeting.

In exercising the powers and performing the duties of a council, the owner developer need not comply with bylaw requirements respecting the constitution of the council or the holding or conduct of council meetings.

Owner developer's standard of care

In exercising the powers and performing the duties of a council, the owner developer must

act honestly and in good faith with a view to the best interests of the strata corporation, and

exercise the care, diligence and skill of a reasonably prudent person in comparable circumstances.

Without limiting subsection (1), the owner developer must make reasonable efforts to pursue any remedies under warranties in existence with respect to the construction of the common property and common assets.

Sections 32 and 33 do not apply to an owner developer exercising the powers and performing the duties of the council, as long as the owner developer complies with subsection (1) of this section.

The Owner Developer and the Strata Corporation Before Strata Lots are Conveyed

Owner developer to pay expenses

The owner developer must pay the actual expenses of the strata corporation that accrue in the period up to the last day of the month in which the first conveyance of a strata lot to a purchaser occurs.

Passing resolutions before first conveyance

Before the first conveyance of a strata lot to a purchaser, the owner developer may pass any resolution of the strata corporation permitted or required by this Act or the regulations, including a resolution to amend the strata corporation's bylaws under

section 127, without holding a special general meeting.

The Owner Developer and the Strata Corporation After the First Conveyance

Owner developer may be restricted

In exercising the powers and performing the duties of a council after the first conveyance of a strata lot to a purchaser, the owner developer is subject to a direction or restriction under

section 27 as if the owner developer were a council.

Restriction on contracting powers

In the period after the first conveyance of a strata lot to a purchaser but before the first annual general meeting, no contract or transaction may be entered into by or on behalf of the strata corporation with either the owner developer or a person who is not at arm's length to the owner developer, unless the contract or transaction is approved by a resolution passed by a unanimous vote at a special general meeting.

Passing resolutions after first conveyance

In the period after the first conveyance of a strata lot to a purchaser but before the first annual general meeting, the strata corporation may pass a resolution requiring a 3/4 vote as follows:

for a resolution to amend the bylaws under

section 127 (2) or (4) (b), the resolution may be passed in accordance with

section 127 (2) or (4) (b), as applicable;

[Repealed 2022-41-6.]

for any other resolution requiring a 3/4 vote, the resolution must be passed by a unanimous vote at a special general meeting.

Owner developer to establish contingency reserve fund

At the time of the first conveyance of a strata lot to a purchaser, the owner developer must establish a contingency reserve fund by paying into the fund an amount calculated according to this section.

If the first conveyance of a strata lot to a purchaser occurs no later than one year after the deposit of the strata plan, the minimum contribution to the fund must be the prescribed percentage of the estimated operating expenses as set out in the interim budget referred to in

section 13.

If the first conveyance of a strata lot to a purchaser occurs later than one year after the deposit of the strata plan, the minimum contribution to the fund must be the lesser of

the prescribed percentage of the estimated annual operating expenses as set out in the interim budget referred to in

section 13 multiplied by the number of years or partial years since the deposit of the strata plan, and

the prescribed percentage of the estimated annual operating expenses as set out in the interim budget referred to in

section 13.

The owner developer must not use money in the contingency reserve fund to pay strata corporation expenses.

The contingency reserve fund belongs to the strata corporation.

Interim budget following first conveyance

The owner developer must

prepare an interim budget for the strata corporation for the 12 month period beginning the first day of the month following the month in which the first conveyance of a strata lot to a purchaser occurs, and

deliver a copy of the interim budget to each prospective purchaser of a strata lot before the prospective purchaser signs an agreement of purchase and sale.

The interim budget must include

the estimated operating expenses of the strata corporation for the 12 month period,

the contribution to the contingency reserve fund for the 12 month period, which must be at least the prescribed percentage of the estimated operating expenses, and

each strata lot's monthly share of the estimated operating expenses and contribution to the contingency reserve fund, calculated in accordance with

section 99.

Payments during period of interim budget

The strata corporation must pay the expenses that accrue in the period beginning the first day of the month following the month in which the first conveyance of a strata lot to a purchaser occurs until the date the first annual budget takes effect.

During the period referred to in subsection (1), the owners must pay to the strata corporation, each month, their monthly share of the estimated operating expenses of the strata corporation and contribution to the contingency reserve fund as set out in the interim budget.

The strata corporation must not use money in the contingency reserve fund to pay expenses that accrue before the owners approve the first annual budget.

Subject to subsection (5), if the expenses accrued by the strata corporation, for the period referred to in subsection (1), are greater than the operating expenses estimated in the interim budget for that period, the owner developer must pay the difference to the strata corporation within 8 weeks after the first annual general meeting.

If the accrued expenses referred to in subsection (4) are 10% or more greater than the operating expenses estimated in the interim budget for that period, the owner developer must include in the payment referred to in subsection (4) an additional amount calculated according to the regulations.

If the expenses accrued by the strata corporation, for the period referred to in subsection (1), are less than the operating expenses estimated in the interim budget for that period, the strata corporation must refund the difference to the owners in amounts proportional to their contributions.

Despite subsection (6), if no owner is entitled to receive more than $100 in total under subsection (6), the strata corporation may deposit the difference in the contingency reserve fund.

If no budget is approved at the first annual general meeting, the period referred to in subsections (4), (5) and (6) ends at the first annual general meeting.

Minimum period of insurance coverage

The owner developer must ensure that the term of any insurance policy entered into by or on behalf of the strata corporation continues for at least 4 weeks after the first annual general meeting.

First annual general meeting to be held by owner developer

The owner developer must hold the first annual general meeting during the 6 week period that begins on the earlier of

the date on which 50% plus one of the strata lots have been conveyed to purchasers, and

the date that is 9 months after the date of the first conveyance of a strata lot to a purchaser.

The owner developer must give notice of the meeting in accordance with

section 45 and must include with the notice the budget and financial statement referred to in

section 21.

Owners may hold first annual general meeting

If the owner developer does not hold the first annual general meeting as required by

section 16,

an owner may hold the first annual general meeting after giving notice in accordance with

section 45 to the persons referred to in

section 45 and to the owner developer, and

the owner developer must pay to the strata corporation an amount calculated according to the regulations.

Money owed by owner developer

Amounts payable by the owner developer under sections 14 (4) and (5) and 17 (

b) are money owing to the strata corporation, and sections 112 to 118 apply.

Chair of first annual general meeting

The chair of the first annual general meeting is

the owner developer acting personally or through an agent, or

if the owner developer or the agent is unwilling or unable to act as chair, an individual elected by eligible voters who are present in person or by proxy at the meeting.

Business at first annual general meeting

At the first annual general meeting, the eligible voters must elect a council, for a term of one year, in accordance with

section 25.

At the first annual general meeting, the owner developer must

place before the meeting and give the strata corporation copies of all of the following:

all plans that were required to obtain a building permit and any amendments to the building permit plans that were filed with the issuer of the building permit;

any document in the owner developer's possession that indicates the actual location of a pipe, wire, cable, chute, duct or other facility for the passage or provision of systems or services, if the owner developer has reason to believe that the pipe, wire, cable, chute, duct or other facility is not located as shown on a plan or plan amendment filed with the issuer of the building permit;

iii

all contracts entered into by or on behalf of the strata corporation;

any disclosure statement required by the Real Estate Development Marketing Act ;

the registered strata plan as obtained from the land title office;

names and addresses of all contractors, subcontractors and persons who supplied labour or materials to the project, as required by the regulations;

vii

all warranties, manuals, schematic drawings, operating instructions, service guides, manufacturers' documentation and other similar information respecting the construction, installation, operation, maintenance, repair and servicing of any common property or common assets, including any warranty information provided to the owner developer by a person referred to in paragraph (vi);

viii

all records required to be prepared or retained by the strata corporation under

section 35;

any other records required by the regulations, and

place an annual budget, prepared in accordance with

section 21, before the meeting for approval.

If the owner developer contravenes subsection (2) (

a) and the strata corporation must pay money to obtain a document referred to in that provision, the amount of the payment is money owing to the strata corporation by the owner developer, and sections 112 to 118 apply.

First annual budget requirements

The first annual budget must be for the 12 month period beginning on the first day of the month following the date of the first annual general meeting.

The first annual budget must be distributed with the notice of the first annual general meeting under

section 45 and must be accompanied by a financial statement.

The budget and financial statement

must contain the information required by the regulations, and

may be in the form set out in the regulations.

Approval of the first annual budget must be by a resolution passed by a majority vote.

The proposed budget may be amended by a majority vote at the first annual general meeting before the budget itself is put to a vote.

Within 8 weeks after the first annual general meeting, the owner developer must give the strata corporation a financial statement updated to

the date the first annual budget takes effect, or

if no budget is approved at the first annual general meeting, the date of the first annual general meeting.

Transfer to council

Within one week after the first annual general meeting, the owner developer must

transfer control of the strata corporation's money to the newly elected council, and

deliver to the newly elected council any keys, garage door openers or other means of access that the owner developer possesses for the purposes of exercising the powers and performing the duties of the council.

Access to owner developer's financial records

For 2 years following the transfer of control referred to in

section 22, the owner developer must keep all financial records that relate to the strata corporation's finances during the period before the transfer of control.

During the 2 years that the owner developer keeps the financial records,

the owner developer must, at the request of the strata corporation, make them available for inspection free of charge by the strata corporation, and

the strata corporation may, at its expense, copy or audit them.

Strata management contracts

A contract entered into before the first annual general meeting by or on behalf of the strata corporation for the provision of strata management services to the strata corporation ends, regardless of any provision of the contract to the contrary, on the earlier of

the date that is 4 weeks after the date of the second annual general meeting,

the termination date contained in the contract or agreed to by the parties, and

the cancellation date established in accordance with

section 39.

The strata corporation may, by a resolution passed by a majority vote at the second annual general meeting, continue a contract which would otherwise end under subsection (1) (a).

A resolution under subsection (2) does not require notice under

section 45 (3).

Strata Corporation Governance

The Council

Election of council

At each annual general meeting the eligible voters who are present in person or by proxy at the meeting must elect a council.

Council exercises powers and performs duties of strata corporation

Subject to this Act, the regulations and the bylaws, the council must exercise the powers and perform the duties of the strata corporation, including the enforcement of bylaws and rules.

Control of council

The strata corporation may direct or restrict the council in its exercise of powers and performance of duties by a resolution passed by a majority vote at an annual or special general meeting.

The strata corporation may not direct or restrict the council under subsection (1) if the direction or restriction

is contrary to this Act, the regulations or the bylaws, or

interferes with the council's discretion to determine, based on the facts of a particular case,

whether a person has contravened a bylaw or rule,

whether a person should be fined, and the amount of the fine,

iii

whether a person should be denied access to a recreational facility, or

whether a person should be required under

section 133 (2) to pay the reasonable costs of remedying a contravention of the bylaws or rules.

[Repealed 2022-41-8.]

Eligibility for council

The only persons who may be council members are the following:

owners;

individuals representing corporate owners;

tenants who, under

section 147 or 148, have been assigned a landlord's right to stand for council.

Despite subsection (1), the strata corporation may, by a bylaw passed at an annual or special general meeting held after the first annual general meeting, allow classes of persons, other than those referred to in subsection (1), to be council members.

Despite this section, a strata corporation may, by bylaw, provide that no person may stand for council or continue to be on council with respect to a strata lot if the strata corporation is entitled to register a lien against that strata lot under

section 116 (1).

Membership on council

The number of persons on council is determined by the bylaws.

If a strata lot is owned by more than one person, only one owner of the strata lot may be a council member at any one time with respect to that lot, unless all the owners are on the council.

If a strata lot is owned by a corporation, only one representative of the corporation may be a council member at any one time with respect to that lot.

If all the owners are on the council, each strata lot has one vote at council meetings.

Contracts not invalidated

The validity of a contract made or a certificate issued by the strata corporation is not affected by

a defect in the appointment or election of the council member or officer who makes the contract or signs the certificate on behalf of the strata corporation, or

a limitation on the authority of the council member or officer to act on behalf of the strata corporation.

A person who knew or ought reasonably to have known of the defect or limitation at the time the person made a contract with or received a certificate from the strata corporation may not rely on subsection (1) to bind the strata corporation with respect to the contract or certificate.

Council member's standard of care

In exercising the powers and performing the duties of the strata corporation, each council member must

act honestly and in good faith with a view to the best interests of the strata corporation, and

exercise the care, diligence and skill of a reasonably prudent person in comparable circumstances.

Disclosure of conflict of interest

A council member who has a direct or indirect interest in

a contract or transaction with the strata corporation, or

a matter that is or is to be the subject of consideration by the council, if that interest could result in the creation of a duty or interest that materially conflicts with that council member's duty or interest as a council member,

must

disclose fully and promptly to the council the nature and extent of the interest,

abstain from voting on the contract, transaction or matter, and

leave the council meeting

while the contract, transaction or matter is discussed, unless asked by council to be present to provide information, and

while the council votes on the contract, transaction or matter.

Accountability

If a council member who has an interest in a contract or transaction fails to comply with

section 32, the strata corporation or an owner may apply for an order under subsection (3) of this

section to a court having jurisdiction unless, after full disclosure of the nature and extent of the council member's interest in the contract or transaction, the contract or transaction is ratified by a resolution passed by a 3/4 vote at an annual or special general meeting.

For the purposes of the 3/4 vote referred to in subsection (1), a person who has an interest in the contract or transaction is not an eligible voter.

If, on application under subsection (1), the court finds that the contract or transaction was unreasonable or unfair to the strata corporation at the time it was entered into, the court may do one or more of the following:

set aside the contract or transaction if no significant injustice will be caused to third parties;

if the council member has not acted honestly and in good faith, require the council member to compensate the strata corporation or any other person for a loss arising from the contract or transaction, or from the setting aside of the contract or transaction;

require the council member to pay to the strata corporation any profit the council member makes as a consequence of the contract or transaction.

Approval of council member remuneration

Any remuneration paid to a member of council for the member's exercise of council powers or performance of council duties must be approved in advance of payment

in the budget,

in the bylaws, or

by a resolution passed by a 3/4 vote at an annual or special general meeting.

Request for council hearing

34.1

By application in writing stating the reason for the request, an owner or tenant may request a hearing at a council meeting.

If a hearing is requested under subsection (1), the council must hold a council meeting to hear the applicant within 4 weeks after the request.

If the purpose of the hearing is to seek a decision of the council, the council must give the applicant a written decision within one week after the hearing.

Records

Strata corporation records

The strata corporation must prepare all of the following records:

minutes of annual and special general meetings and council meetings, including the results of any votes;

a list of council members;

a list of

owners, with their strata lot addresses, mailing addresses if different, strata lot numbers as shown on the strata plan, parking stall and storage locker numbers, if any, and unit entitlements,

names and addresses of mortgagees who have filed a Mortgagee's Request for Notification under

section 60,

iii

names of tenants, and

assignments of voting or other rights by landlords to tenants under sections 147 and 148;

books of account showing money received and spent and the reason for the receipt or expenditure;

any other records required by the regulations.

The strata corporation must retain copies of all of the following:

the records referred to in subsection (1);

the registered strata plan and any strata plan amendments as obtained from the land title office;

this Act and the regulations;

the bylaws and rules;

resolutions that deal with changes to common property, including the designation of limited common property;

waivers and consents under

section 41, 44 or 45;

written contracts to which the strata corporation is a party;

any decision of an arbitrator or judge, or of the civil resolution tribunal, in a proceeding in which the strata corporation was a party, and any legal opinions obtained by the strata corporation;

the budget and financial statement for the current year and for previous years;

income tax returns, if any;

correspondence sent or received by the strata corporation and council;

bank statements, cancelled cheques and certificates of deposit;

Information Certificates issued under

section 59;

the records and documents referred to in

section 20 or 23 obtained by the strata corporation;

n.1

any depreciation reports obtained by the strata corporation under

section 94;

n.2

any reports obtained by the strata corporation respecting repair or maintenance of major items in the strata corporation, including, without limitation, engineers' reports, risk management reports, sanitation reports and reports respecting any items for which information is, under

section 94, required to be contained in a depreciation report;

n.3

any electrical planning reports obtained by the strata corporation under

section 94.1;

n.4

any reports obtained by the strata corporation respecting the installation or operation of EV charging infrastructure or the management of electricity used by EV charging infrastructure;

any other records required by the regulations.

Records referred to in this

section must be retained by the strata corporation for the periods set out in the regulations.

Access to records

On receiving a request, the strata corporation must make the records and documents referred to in

section 35 available for inspection by, and provide copies of them to,

an owner,

a tenant who, under

section 147 or 148, has been assigned a landlord's right to inspect and obtain copies of records and documents, or

a person authorized in writing by an owner or tenant referred to in paragraph (

a) or (b).

1.1

On receiving a request from a former owner, from a former tenant referred to in subsection (1) (

b) or from a person authorized in writing by the former owner or former tenant, the strata corporation must, with respect to records and documents referred to in

section 35 that, whenever created, relate to the period during which the former owner or former tenant was an owner or tenant, make those records and documents available for inspection by, and provide copies of them to, the former owner, former tenant or person authorized in writing, as the case may be.

On receiving the request of a tenant, or a person authorized in writing by a tenant, the strata corporation must

make the bylaws and rules available for inspection, and

provide copies of the bylaws and rules.

The strata corporation must comply with a request under subsection (1), (1.1) or (2) within 2 weeks unless the request is in respect of bylaws or rules, in which case the strata corporation must comply with the request within one week.

The strata corporation may charge a fee for a copy of a record or document provided under this

section of not more than the amount set out in the regulations and may refuse to supply the copy until the fee is paid.

Strata manager to return records

If a strata management contract ends, the person providing the strata management services must, within 4 weeks, give the strata corporation any records referred to in

section 35 that are in the person's possession or control.

A person who fails to comply with subsection (1) must pay to the strata corporation an amount calculated according to the regulations.

Contracts

Capacity to enter contracts and join organizations

In addition to its capacities under any other enactment, a strata corporation has the capacity

to enter into contracts in respect of its powers and duties under this Act and the bylaws, and

to join organizations to further its purposes under this Act and the bylaws.

Cancellation of strata management contracts

A contract entered into by or on behalf of the strata corporation for the provision of strata management services to the strata corporation may be cancelled, without liability or penalty, despite any provision of the contract to the contrary,

by the strata corporation on 2 months' notice if the cancellation is first approved by a resolution passed by a 3/4 vote at an annual or special general meeting, or

by the other party to the contract on 2 months' notice.

The strata corporation does not need any prior approval to cancel the contract in accordance with its terms or to refuse to renew the contract when it expires.

Annual General Meetings and Special General Meetings

Annual general meeting

The strata corporation must hold annual general meetings except as provided under

section 41.

An annual general meeting must be held no later than 2 months after the strata corporation's fiscal year end.

Waiver of annual general meeting

The strata corporation does not have to hold an annual general meeting if, before the last date by which the meeting must be held, all eligible voters waive, in writing, the holding of the meeting and consent, in writing, to resolutions that

approve the budget for the coming fiscal year,

elect a council by acclamation, and

deal with any other business.

If 2 or more persons share one vote with respect to a strata lot, all of them must consent to the waiver of the meeting and to the resolutions under subsection (1).

Special general meeting called by strata corporation

The strata corporation may hold a special general meeting at any time after giving notice in accordance with

section 45.

Special general meeting called by voters

Persons holding at least 20% of the strata corporation's votes may, by written demand, require that the strata corporation hold a special general meeting to consider a resolution or other matter specified in the demand.

The demand must be signed by each of the persons making it.

Subject to subsection (3.1) and

section 44, the strata corporation must hold the special general meeting within 4 weeks after the demand is given to the strata corporation.

3.1

If the demand requires the strata corporation to hold a special general meeting to consider a winding-up resolution, the strata corporation must hold the meeting within 8 weeks after the demand is given to the strata corporation.

The president of the council may call the special general meeting without holding a council meeting.

At the special general meeting, the resolution or any other matter specified in the demand is the first item on the agenda and must be dealt with before consideration of any other matter about which notice has been given.

If a special general meeting is not held within the time period set out in subsection (3) or (3.1), as applicable, the persons making the demand may themselves hold a special general meeting by complying with the provisions of this Act, the regulations and the bylaws respecting the calling and holding of special general meetings.

Waiver of special general meeting

The strata corporation does not have to hold a special general meeting to consider a resolution if all eligible voters waive, in writing, the holding of the meeting and consent, in writing, to the resolution.

If 2 or more persons share one vote with respect to a strata lot, all of them must consent to the waiver of the meeting and to the resolution under subsection (1).

Notice requirements for annual or special general meeting

Subject to subsection (1.1), the strata corporation must give at least 2 weeks' written notice of an annual or special general meeting to all of the following:

every owner, whether or not a notice must also be sent to the owner's mortgagee or tenant;

every mortgagee who has given the strata corporation a Mortgagee's Request for Notification under

section 60;

every tenant who has been assigned a landlord's right to vote under

section 147 or 148, if the strata corporation has received notice of the assignment.

1.1

The strata corporation must give at least 4 weeks' written notice under subsection (1) of an annual or special general meeting at which a winding-up resolution will be considered.

Subject to subsection (2.1), a person who has a right to be notified under this

section may, in writing, waive the right and may, in writing, revoke a waiver.

2.1

A waiver under subsection (2) has no effect in relation to the right to be notified of an annual or special general meeting at which a winding-up resolution will be considered.

Notice of an annual or special general meeting must include the following:

a description of the matters that will be voted on at the meeting, including the proposed wording of any resolution requiring a 3/4 vote, 80% vote or unanimous vote;

the date, time and, if applicable, place of the meeting;

if attendance by telephone or other electronic means will be permitted, instructions for attending the meeting by electronic means.

If the meeting is an annual general meeting, the notice must include the budget and financial statement referred to in

section 103.

A vote at an annual or special general meeting may proceed despite the lack of notice as required by this section, if all persons entitled to receive notice waive, in writing, their right to notice.

If 2 or more persons share one vote with respect to a strata lot, all of them must consent to the waiver of notice under subsection (5).

Agenda and resolutions at an annual or special general meeting

Subject to subsection (2), the council determines the agenda of an annual or special general meeting.

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

A resolution or matter raised under subsection (2) must be included

in the notice given under

section 45 (3) about the next annual or special general meeting of the strata corporation, and

on the agenda of that meeting.

Subsection (3) does not apply to a special general meeting held under

section 43 (6).

Failure to give proper notice of meeting

Failure to give proper notice of an annual or special general meeting to a person entitled to receive notice under

section 45 does not invalidate a vote taken at the meeting as long as the strata corporation made a reasonable attempt to give the notice in accordance with that section.

Quorum for annual or special general meeting

Business must not be conducted at an annual or special general meeting unless a quorum is present.

Subject to the bylaws, a quorum for an annual or special general meeting is

eligible voters holding 1/3 of the strata corporation's votes, present in person or by proxy, or

if there are fewer than 4 strata lots or fewer than 4 owners, eligible voters holding 2/3 of the strata corporation's votes, present in person or by proxy.

Unless otherwise provided in the bylaws, if within 1/2 hour from the time appointed for an annual or special general meeting a quorum is not present, the meeting stands adjourned to the same day in the next week at the same time and, if applicable, place, but if on the day to which the meeting is adjourned a quorum described in subsection (2) is not present within 1/2 hour from the time appointed for the meeting, the eligible voters present in person or by proxy constitute a quorum.

Electronic attendance at annual and special general meetings

If the requirements of subsection (2) are met, a strata corporation may provide for attendance and voting by telephone or other electronic means at an annual or special general meeting of the strata corporation.

The requirements for the purposes of subsection (1) are as follows:

the notice given under

section 45 must include instructions for attending the meeting by electronic means;

the electronic means must enable all persons attending the meeting to communicate with each other;

the electronic means must enable the chair of the meeting to identify whether a person attending by electronic means is an eligible voter.

Despite the bylaws of a strata corporation,

a voting card is not required to be issued to an eligible voter attending an annual or special general meeting by electronic means, and

an eligible voter attending an annual or special general meeting by electronic means is not entitled or required to vote by secret ballot.

A person who attends an annual or special general meeting as provided for under subsection (1) is deemed to be present in person at the meeting.

Voting at annual or special general meetings

At an annual or special general meeting, matters are decided by majority vote unless a different voting threshold is required or permitted by the Act or the regulations.

Despite

section 45 (3), during an annual or special general meeting amendments may be made to the proposed wording of a resolution requiring a 3/4 vote if the amendments

do not substantially change the resolution, and

are approved by a 3/4 vote before the vote on the resolution.

Reconsideration of resolution passed by 3/4 vote

This

section applies only if a resolution required to be passed by a 3/4 vote is passed at an annual or special general meeting by persons holding less than 50% of the strata corporation's votes.

The strata corporation must not take any action to implement a resolution referred to in subsection (1) for one week following the vote unless there are reasonable grounds to believe that immediate action is necessary to ensure safety or prevent significant loss or damage.

Within the one week following the vote, persons holding at least 25% of the strata corporation's votes may, by written demand, require that the strata corporation hold a special general meeting to reconsider the resolution.

The demand must be signed by each person making it.

After receiving a demand for a special general meeting under subsection (3), the strata corporation must not take any action to implement the resolution unless there are reasonable grounds to believe that immediate action is necessary to ensure safety or prevent significant loss or damage.

The strata corporation must hold the special general meeting within 4 weeks after the demand is given to the strata corporation.

The president of the council may call the special general meeting without holding a council meeting.

At the special general meeting, the resolution to be reconsidered is the first item on the agenda and must be dealt with before consideration of any other matter about which notice has been given.

Despite any other provision of this Act, the regulations or the bylaws, if a quorum is not present within 1/2 hour of the start of the special general meeting, the meeting must not proceed.

The resolution stands and may be implemented only if one of the following conditions is met:

a demand for reconsideration is not made under this section;

the resolution is approved by a 3/4 vote at the special general meeting held under this section;

the meeting held under this

section does not proceed for lack of a quorum as set out in subsection (9).

The resolution may be presented for reconsideration under this

section only once.

Unanimous votes

This

section applies only to strata corporations comprised of 10 or more strata lots.

If a resolution required to be passed by a unanimous vote under this Act is supported by all of the strata corporation's votes except for

the vote in respect of one strata lot, in a strata corporation comprised of at least 10 strata lots, or

the votes in respect of more than one strata lot, if those votes together represent less than 5% of the strata corporation's votes,

the strata corporation may, by a resolution passed by a 3/4 vote at an annual or special general meeting, apply to the Supreme Court for an order under subsection (3).

On application under subsection (2), the court may, if satisfied that the passage of the resolution is in the best interests of the strata corporation and would not unfairly prejudice the dissenting voter or voters, make an order providing that the vote proceed as if the dissenting voter or voters had no vote.

In making an order under subsection (3), the court may make any other order it considers just, including an order that the strata corporation offer to purchase a strata lot owned by a dissenting voter at its fair market value or that the strata corporation otherwise compensate a dissenting voter.

Voting

Number of votes per strata lot

At an annual or special general meeting each strata lot has one vote unless different voting rights are set out in a

Schedule of Voting Rights in the prescribed form in accordance with

section 247, 248 or 264.

Despite subsection (1), a strata corporation may, by bylaw, provide that the vote for a strata lot may not be exercised, except on matters requiring an 80% vote or unanimous vote, if the strata corporation is entitled to register a lien against that strata lot under

section 116 (1).

If, in accordance with a bylaw passed under subsection (2), a vote for a strata lot may not be exercised, the strata lot's vote must not be considered for the purposes of determining a quorum in accordance with

section 48 or for the purposes of sections 43 (1), 46 (2) and 51 (3).

Despite subsection (1), if there is a tie vote at an annual or special general meeting, the president, or, if the president is absent or unable or unwilling to vote, the vice president, may, if the bylaws so provide, break the tie by casting a second, deciding vote.

Voters

The following persons may vote at an annual or special general meeting:

an owner, unless a tenant or mortgagee has the right to vote under paragraph (

b) or (c);

a tenant who has been assigned a landlord's right to vote under

section 147 or 148, unless a mortgagee has the right to vote under paragraph (c);

a mortgagee of a strata lot, but only in respect of insurance, maintenance, finance or other matters affecting the security for the mortgage and only if

the mortgage gives the mortgagee the right to vote, and

at least 3 days before the meeting the mortgagee has given to the strata corporation, the owner and the tenant referred to in paragraph (b), if any, written notice of the mortgagee's intention to vote.

Despite subsection (1) and any assignment or other disposition of a right to vote to a mortgagee of a strata lot,

the mortgagee may not vote on a winding-up resolution, and

the owner of the strata lot may vote on the winding-up resolution unless a tenant has the right to vote under subsection (1) (b).

Special voters

If a person who may vote under

section 54 is under 16 years of age, the person's right to vote may be exercised only by the person's parent or guardian.

If a person who may vote under

section 54 lacks the capacity to make a decision for a reason other than being under 16 years of age, the person's right to vote may be exercised only by someone who is legally authorized to act for the person with respect to the strata lot.

Proxies

A person who may vote under

section 54 or 55 may vote in person or by proxy.

A document appointing a proxy

must be in writing and be signed by the person appointing the proxy,

may be either general or for a specific meeting or a specific resolution, and

may be revoked at any time.

The following persons may be proxies:

only if permitted by regulation and subject to prescribed restrictions, an employee of the strata corporation;

only if permitted by regulation and subject to prescribed restrictions, a person who provides strata management services to the strata corporation;

subject to the regulations, any other person.

A proxy stands in the place of the person appointing the proxy, and can do anything that person can do, including vote, propose and second motions and participate in the discussion, unless limited in the appointment document.

Shared vote

If 2 or more persons share one vote with respect to a strata lot, only one of them may vote on any given matter.

If the chair is advised before or during a vote that the 2 or more persons who share the one vote disagree on how their vote should be cast on a matter, the chair must not count their vote in respect of that matter.

Court appointed voter

If there is no person to vote in respect of a strata lot, an owner, the strata corporation or an interested person may apply to the Supreme Court for an order under subsection (2).

On application under subsection (1), the court may make an order declaring that there is no person to vote in respect of the strata lot, and appointing the Public Guardian and Trustee or any other person to vote in respect of the strata lot.

If the application concerns a matter that requires an 80% vote or unanimous vote and the court is satisfied that there is no person to vote in respect of a strata lot, the court must make an order under subsection (2).

The court may make any order it considers advisable, including an order respecting the payment of fees, to give effect to an appointment of the Public Guardian and Trustee or other person.

The court may vary an order made under this section.

Information Certificate

Information Certificate

Within one week of a request by an owner, a purchaser or a person authorized by an owner or purchaser, the strata corporation must give to the person making the request an Information Certificate in the prescribed form.

The certificate must contain the information required by subsection (3), as of the date of the certificate.

The certificate must disclose all of the following in respect of the strata corporation and the strata lot for which the request is made:

the monthly strata fees payable by the owner;

any amount that the owner owes the strata corporation, other than an amount paid into court or to the strata corporation in trust under

section 114;

any agreements under which the owner takes responsibility for expenses relating to alterations to a strata lot, the common property or the common assets;

any amount that the owner is obligated to pay in the future for a special levy that has already been approved and the date by which the payment is to be made;

any amount by which the expenses of the strata corporation for the current fiscal year are expected to exceed the expenses budgeted for the fiscal year;

the amount in the contingency reserve fund minus any expenditures which have already been approved but not yet taken from the fund;

any amendments to the bylaws that are not yet filed in the land title office;

any resolution passed by a 3/4 vote or unanimous vote that is required to be filed in the land title office but that has not yet been filed in the land title office;

h.1

any winding-up resolution that has been passed;

any notice that has been given for a resolution that has not been voted on, if the resolution requires a 3/4 vote, 80% vote or unanimous vote or deals with an amendment to the bylaws;

any court proceeding, arbitration or tribunal proceeding in which the strata corporation is a party and any judgments or orders against the strata corporation;

any notices or work orders received by the strata corporation that remain outstanding for the strata lot, the common property or the common assets;

[Repealed 2022-41-12.]

l.1

which parking stalls and storage lockers, if any, have been allocated to the strata lot;

l.2

a

summary of the strata corporation's insurance coverage;

any other information required by the regulations.

Copies of all of the following must be attached to the certificate:

the rules of the strata corporation;

the current budget of the strata corporation;

[Repealed 2022-41-12.]

the most recent depreciation report, if any, obtained by the strata corporation under

section 94.

The information in subsection (3) disclosed in a certificate is binding on the strata corporation in its dealings with a person who relied on the certificate and acted reasonably in doing so.

5.1

Despite subsection (5), information in subsection (3) (l.2) disclosed in a certificate is not binding on the strata corporation if the disclosed information is obtained from the strata corporation's insurer, as defined in

section 1 (1) of the Financial Institutions Act , or insurance agent, as defined in

section 168 of that Act.

On application by the strata corporation, by an owner or by a person who is affected by a certificate, the Supreme Court may make any order it considers just in the circumstances to give effect to or relieve the strata corporation from some or all of the consequences of an inaccurate certificate.

The strata corporation may charge, to the person requesting the certificate, a fee for the certificate of not more than the amount set out in the regulations and may refuse to issue the certificate until the fee is paid.

Giving Notice and Providing Information

Notice to mortgagee

A mortgagee of a strata lot who wishes to receive notices of annual or special general meetings under

section 45 and notices of money owing under

section 113 must give a Mortgagee's Request for Notification in the prescribed form to the strata corporation.

Notice given by strata corporation

A notice or other record or document that the strata corporation is required or permitted to give to a person under this Act, the bylaws or the rules must be given to the person,

if the person has provided the strata corporation with an address outside the strata plan for receiving notices and other records or documents,

by leaving it with the person, or

by mailing it to the address provided, or

if the person has not provided the strata corporation with an address outside the strata plan for receiving notices and other records or documents,

by leaving it with the person,

by leaving it with an adult occupant of the person's strata lot,

iii

by putting it under the door of the person's strata lot,

by mailing it to the person at the address of the strata lot,

by putting it through a mail slot or in a mailbox used by the person for receiving mail,

by faxing it to a fax number provided by the person, or

vii

by emailing it to an email address provided by the person for the purpose of receiving the notice, record or document.

The notice, record or document may be addressed to the person by name, or to the person as owner or tenant.

A notice or other record or document that is given to a person under subsection (1) (a) (ii) or (b) (ii) to (vii) is conclusively deemed to have been given 4 days after it is left with an adult occupant, put under the door, mailed, put through the mail slot or in the mailbox, faxed or emailed.

Address of strata corporation

The strata corporation must ensure that the correct mailing address for the strata corporation is filed in the land title office.

The address may be accompanied by a fax number.

If a strata corporation changes its mailing address, it must file a Strata Corporation Change of Mailing Address in the prescribed form in the land title office.

Notice given to strata corporation

A notice or other record or document that is required or permitted under this Act, the bylaws or the rules to be given to the strata corporation must be given to the strata corporation

by leaving it with a council member,

by mailing it to the strata corporation at its most recent mailing address on file in the land title office,

by faxing it or emailing it to

the strata corporation using the strata corporation's fax number or email address, or

a fax number or email address provided by a council member for the purpose of receiving the notice, record or document, or

by putting it through the mail slot, or in the mailbox, used by the strata corporation for receiving notices, records and documents.

A notice or other record or document that is given to the strata corporation under subsection (1) (

b) to (

d) is conclusively deemed to be given 4 days after it is mailed, faxed, emailed or put through the mail slot or in the mailbox.

Legal service on strata corporation

Despite

section 63 but subject to another enactment or a court order, service on a strata corporation of a notice of a proceeding in any court may only be effected by

personal service on a council member, or

mailing it, by registered mail, to the strata corporation at its most recent mailing address on file in the land title office.

Informing resident owners and tenants

For the purposes of sections 98 (6), 106, 108 (4), 125 (4), 128 (4) and 167, and any regulations that require the strata corporation to inform owners or tenants of certain matters, the strata corporation may, instead of giving notice under

section 61, inform resident owners and tenants by one or more of the following methods or by any other method:

leaving a document containing the information at a location designated by the strata corporation for the distribution of such information;

posting a document containing the information in a part of the common property designated by the strata corporation for the posting of such information.

Property

General Property Matters

Ownership of property

An owner owns the common property and common assets of the strata corporation as a tenant in common in a share equal to the unit entitlement of the owner's strata lot divided by the total unit entitlement of all the strata lots.

Assessment and taxation

For the purposes of assessment and taxation, each strata lot, together with the owner's share in the common property and other taxable common assets of the strata corporation, is a separate parcel of land.

Strata lot boundaries

Unless otherwise shown on the strata plan, if a strata lot is separated from another strata lot, the common property or another parcel of land by a wall, floor or ceiling, the boundary of the strata lot is midway between the surface of the structural portion of the wall, floor or ceiling that faces the strata lot and the surface of the structural portion of the wall, floor or ceiling that faces the other strata lot, the common property or the other parcel of land.

If a strata lot is not separated from another strata lot, the common property or another parcel of land by a wall, floor or ceiling, the boundary of the strata lot is as shown on the strata plan.

A boundary shown on the strata plan must be shown in a manner approved by the registrar.

Despite subsections (1) to (3), but subject to the regulations, in the case of a bare land strata plan, the boundaries must be shown on the strata plan

by reference to survey markers, and

in compliance with rules, if any, made under

section 75 of the Land Surveyors Act for the purposes of this section.

Implied easements

There exists an easement in favour of each strata lot in the strata plan and the owner of each strata lot

for the strata lot's vertical and sideways support by the common property and by every other strata lot capable of providing support,

for the passage or provision of water, sewage, drainage, gas, oil, electricity, garbage, heating and cooling systems and other services, including telephone, radio and television, through or by means of any pipes, wires, cables, chutes, ducts or other facilities existing in the common property or another strata lot to the extent those systems or services are capable of being, and intended to be, used in connection with the enjoyment of the strata lot, and

for shelter of the strata lot by every part of a building that is shown on the strata plan as part of the common property or another strata lot and that is capable of providing shelter.

There exists an easement in favour of the common property and the owners of the common property

for the common property's vertical and sideways support by every strata lot capable of providing support,

for the passage or provision of the services and facilities described in subsection (1) (

b) existing in a strata lot to the extent those systems or services are capable of being, and intended to be, used in connection with the enjoyment of the common property, and

for shelter of the common property by every part of a building that is shown on the strata plan as part of a strata lot and that is capable of providing shelter.

The easements referred to in subsections (1) and

(2) exist without registration in a land title office,

charge and burden that part of the common property capable of providing support or shelter to a strata lot,

charge and burden each strata lot capable of providing support or shelter to another strata lot or to the common property,

charge and burden each strata lot and that part of the common property in which any part of the services and facilities described in subsections (1) (

b) and (2) (

b) are located, and

include all of the rights and obligations needed to give effect to and enforce them, including a right of entry to inspect, maintain, repair and replace the shelter, support, services and facilities described in subsections (1) and (2).

The easements referred to in subsections (1) and (2) may be enforced by the strata corporation on its own behalf or on behalf of one or more owners to the same extent as if the strata corporation were the owner of a strata lot or the common property that benefits from the easement.

The easements referred to in subsections (1) (

c) and (2) (

c) do not apply to strata lots in a bare land strata plan.

Changes to strata lot

An owner or owners may, with the prior written approval of the strata corporation, remove all or part of a wall that is a common boundary between

adjoining strata lots, or

strata lots that have been consolidated into a single strata lot.

The strata corporation must approve the proposed removal under subsection (1) unless the removal

fails to comply with

a building regulation within the meaning of the Building Act ,

any applicable municipal or regional district bylaws,

iii

any applicable Nisg̱a'a Government laws, or

any applicable standard established by a treaty first nation in accordance with an agreement described in

section 6 of the Building Act , or

interferes with the provision of utilities or other services to any other strata lot or to the common property.

The owner or owners must give copies of any required building permits to the strata corporation when seeking its approval under subsection (1).

Subject to the regulations, if an owner wishes to increase or decrease the habitable part of the area of a residential strata lot, by making a nonhabitable part of the strata lot habitable or by making a habitable part of the strata lot nonhabitable, and the unit entitlement of the strata lot is calculated on the basis of habitable area in accordance with

section 246 (3) (a) (

i) or on the basis of square footage in accordance with

section 1 of the Condominium Act , R.S.B.C. 1996, c. 64, the owner must

seek an amendment to the

Schedule of Unit Entitlement under

section 261, and

obtain the unanimous vote referred to in

section 261 before making the change.

Change in use of common property

Subject to the regulations, the strata corporation must not make a significant change in the use or appearance of common property or land that is a common asset unless

there are reasonable grounds to believe that immediate change is necessary to ensure safety or prevent significant loss or damage, or

the change is approved by a resolution passed at an annual or special general meeting

by a majority vote, in the case of a change that is related to the installation of EV charging infrastructure or the management of electricity used by EV charging infrastructure, or

by a 3/4 vote, in the case of any other change.

Repair of property

Subject to subsection (2), the strata corporation must repair and maintain common property and common assets.

The strata corporation may, by bylaw, make an owner responsible for the repair and maintenance of

limited common property that the owner has a right to use, or

common property other than limited common property only if identified in the regulations and subject to prescribed restrictions.

The strata corporation may, by bylaw, take responsibility for the repair and maintenance of specified portions of a strata lot.

Limited Common Property and Exclusive Use of Common Property

Designation of limited common property

Common property may be designated as limited common property

by the owner developer

by a designation on the strata plan when it is deposited in the land title office, or

by a plan amendment under

section 258,

by an amendment to the strata plan under

section 257, or

by a resolution passed at an annual or special general meeting under

section 74.

Designation of limited common property by 3/4 vote

Common property may be designated as limited common property by a resolution passed by a 3/4 vote at an annual or special general meeting.

A resolution passed under subsection (1) must be filed in the land title office with a sketch plan that

satisfies the registrar,

defines the areas of limited common property, and

specifies each strata lot whose owners are entitled to the exclusive use of the limited common property.

A resolution passed under subsection (1) does not have effect until it is filed in the land title office.

The designation of limited common property by a resolution under this

section does not require an amendment to the strata plan.

Removal of designation of limited common property

If a designation of common property as limited common property was made

by the owner developer at the time the strata plan was deposited or by a plan amendment by the owner developer under

section 258, or

by an amendment to the strata plan under

section 257,

the designation may only be removed by amending the plan under

section 257.

If a designation of common property as limited common property was made by a resolution passed by a 3/4 vote under

section 74, it may only be removed by a resolution passed by a 3/4 vote at an annual or special general meeting.

A resolution passed under subsection (2) does not have effect until it is filed in the land title office.

The removal of a designation of limited common property by a resolution under subsection (2) does not require an amendment to the strata plan.

Permission or privilege — exclusive use

Subject to

section 71, the strata corporation may give an owner or tenant permission to exclusively use, or a special privilege in relation to, common assets or common property that is not designated as limited common property.

A permission or privilege under subsection (1) may be

made subject to conditions, and

given for a period of not more than

one year, or

in the case of a permission or privilege given in relation to a parking stall in a prescribed class of parking stalls, any longer period set out in the regulations.

The strata corporation may renew the permission or privilege and on renewal may change the period or conditions.

The permission or privilege given under subsection (1) may be cancelled by the strata corporation giving the owner or tenant reasonable notice of the cancellation.

Access to common property by strata corporation

An owner who has the right to use common property, including limited common property, or common assets must allow the strata corporation reasonable access to the common property or common assets to exercise its powers and perform its duties.

Property Acquisition and Disposal

Acquisition of land by strata corporation

Before the strata corporation acquires land, the acquisition must be approved by a resolution passed by a 3/4 vote at an annual or special general meeting.

Land must not be registered at a land title office in the name of the strata corporation unless the document transferring the interest in the land to the strata corporation is accompanied by a Certificate of Strata Corporation in the prescribed form, stating that

the resolution referred to in subsection (1) has been passed, and

the document conforms to the resolution.

The strata corporation may, without prior approval,

accept a grant of an easement or restrictive covenant benefiting land in the strata plan, or

accept a discharge of an easement burdening land in the strata plan.

Disposal of land held in strata corporation's name

To sell, lease, mortgage, grant an easement over, grant a restrictive covenant affecting or otherwise dispose of land that is a common asset, the strata corporation must proceed as follows:

a resolution approving the disposition must be passed by a 3/4 vote at an annual or special general meeting;

any document needed to effect the disposition must be executed by the strata corporation and delivered to the land title office accompanied by a Certificate of Strata Corporation in the prescribed form, stating that the resolution referred to in paragraph (

a) has been passed and that the document conforms to the resolution.

Disposal of common property

To dispose of common property in a way set out in

section 253 (1), the strata corporation must ensure that the requirements of

Part 7 of the Land Title Act are met.

To dispose of common property in a way not set out in

section 253 (1), the strata corporation must ensure that the following requirements are met:

a resolution approving the disposition must be passed by a 3/4 vote at an annual or special general meeting;

holders of financial charges noted on the common property record must consent in writing to the proposed disposition unless in the registrar's opinion the interests of the persons who have not consented in writing are not adversely affected by the disposition;

any document needed to effect the disposition must be executed by the strata corporation and delivered to the land title office accompanied by

a Certificate of Strata Corporation in the prescribed form, stating that the resolution referred to in paragraph (

a) has been passed and that the document conforms to the resolution, and

the written consents referred to in paragraph (b).

For the purpose of determining what consents are required under subsection (2) (

b) from holders of financial charges,

section 97 (3) to (8) of the Land Title Act applies to the disposition of common property.

Strata corporation must not mortgage common property

The strata corporation must not mortgage common property.

Acquisition and disposal of personal property by strata corporation

The strata corporation may acquire personal property

for the use of the strata corporation, and

for the purposes of making an alteration referred to in Division 6.

The strata corporation may sell, lease, mortgage or otherwise dispose of personal property.

The strata corporation must obtain prior approval by a resolution passed at an annual or special general meeting of an acquisition or disposal of personal property if the personal property has a market value of more than

an amount set out in the bylaws, or

$1 000, if the bylaws are silent as to the amount.

3.1

The resolution referred to in subsection (3) must be passed

by a majority vote, in the case of personal property acquired or disposed of for a purpose related to

the installation, operation, maintenance or repair of EV charging infrastructure, or

the management of electricity used by EV charging infrastructure, or

by a 3/4 vote, in the case of personal property acquired or disposed of for any other purpose.

This

section does not apply to the acquisition or disposal of an investment instrument referred to in

section 95 (2).

Work Orders

Work order against strata corporation property

The strata corporation must comply with a requirement to do work on or to

common property, or

land that is a common asset

if the work is required by a notice or order of a public or local authority which is authorized by law to require the work, and the notice or order is given to the strata corporation.

Work order against strata lot

Except as provided in

section 46 of the Fire Safety Act , a strata corporation that receives a notice or order requiring work to be done on or to a strata lot, from a public or local authority authorized by law to require the work, must promptly give the notice or order to the owner of the strata lot.

An owner who receives a notice or order requiring work to be done on or to the owner's strata lot, from a public or local authority authorized by law to require the work or from the strata corporation under subsection (1), must do the work.

Owner's failure to comply with work order

If an owner, after receiving the notice or order under

section 84, fails to do the required work, the strata corporation may do the required work.

If the owner appeals the work order and advises the strata corporation in writing of the appeal, the strata corporation must wait for the results of the appeal.

Except in an emergency, the strata corporation must notify the owner in writing of its intention to do the work at least one week before starting the work.

The owner must reimburse the strata corporation for any money the strata corporation spends doing work on or to the strata lot under this section.

Builders Liens and Other Charges

Builders Lien Act applies

Except as provided in sections 87 to 90 of this Act, the Builders Lien Act applies to land in a strata plan.

Builders liens against strata lots in phased strata plans

Despite any other enactment, in a phased strata plan a claim of lien under the Builders Lien Act may be filed against only the strata lots in the phase in which the materials were supplied or the work was done.

Builders lien after purchase from owner developer

Despite any other Act or agreement to the contrary, if an owner developer conveys a strata lot to a purchaser, a claim of lien under the Builders Lien Act filed against the strata lot, or against the strata lot's share in the common property, must be filed before the earlier of

the date on which the time for filing a claim of lien under the Builders Lien Act expires, and

the date which is 45 days after the date the strata lot is conveyed to the purchaser.

Despite any other Act or agreement to the contrary, a purchaser of a strata lot from an owner developer must retain a holdback of an amount set out in the regulations until the earlier of

the date on which the time for filing a claim of lien under the Builders Lien Act expires, and

the date which is 55 days after the date the strata lot is conveyed to the purchaser.

The holdback is subject to a lien under the Builders Lien Act .

The purchaser must release the holdback to the owner developer at the end of the holdback period provided for in subsection (2) unless in the meantime a claim of lien has been filed, or proceedings have been commenced, to enforce a lien against the holdback.

Removal of claim of lien after purchase from owner developer

If one or more claims of lien under the Builders Lien Act are filed against a strata lot purchased from an owner developer, the purchaser or, if the strata lot is conveyed to the purchaser and the purchaser becomes the owner of the strata lot, that owner may apply to the Supreme Court for an order for permission to pay into the court the lesser of

the total amount of the claims of lien filed, and

the full amount of the holdback under

section 88 (2).

Payment into the court discharges the lien and releases the purchaser or, if the strata lot is conveyed to the purchaser and the purchaser becomes the owner of the strata lot, that owner from liability to the owner developer or the lien claimant for the liens.

The order under subsection (1) must provide that the claims of lien be removed from the title to the strata lot.

The money paid into the court is security for the liens in place of the strata lot.

If the full amount of the holdback has not been paid into the court, the purchaser or, if the strata lot is conveyed to the purchaser and the purchaser becomes the owner of the strata lot, that owner must release the balance of the holdback to the owner developer.

Removal of liens and other charges

An owner may apply to the Supreme Court to remove a claim of lien under the Builders Lien Act or other registered charge that charges more than one strata lot from the title to the owner's strata lot.

The court may order the claim of lien or other charge removed from the title to the owner's strata lot on payment into the court of the strata lot's share of the amount secured by the claim of lien or other charge.

Payment into the court releases the owner from liability to the lien claimant or other charge holder for the amount secured by the claim of lien or other charge.

The strata lot's share of the amount secured by the claim of lien or other charge is calculated as set out in

section 166 as if the amount of the claim of lien or other charge were a judgment.

The money paid into the court is security for the lien or other charge in place of the strata lot.

Alterations to Common Property to Install EV Charging Infrastructure for Owner

Owner request for approval of alterations

90.1

An owner may request that the strata corporation approve proposed alterations to common property, or to land that is a common asset, that are necessary for the purposes of installing EV charging infrastructure for use at a parking stall.

A request under subsection (1) must

include the prescribed information, if any,

be made on or after the date determined in accordance with the regulations, and

comply with any other requirements set out in the regulations.

Consideration of owner request by strata corporation

90.2

The strata corporation may approve an owner's request made under

section 90.1 if

the proposed alteration, to the extent that it constitutes a significant change in the use or appearance of common property or land that is a common asset, has been approved by a resolution in accordance with

section 71 (b), and

the strata corporation is satisfied that all of the criteria set out in subsection (2) are met.

The criteria referred to in subsection (1) (

b) are as follows:

the proposed EV charging infrastructure is in a prescribed class of EV charging infrastructure;

if the parking stall is common property or located on land that is a common asset, at the time the request is made, the owner has a right, permission or privilege to use the parking stall to the exclusion of other owners;

any prescribed criteria.

Without limiting the strata corporation's discretion under subsection (1), in deciding whether to approve an owner's request, the strata corporation may consider the following matters:

the compatibility of the proposed EV charging infrastructure with

existing EV charging infrastructure in the strata corporation,

other EV charging infrastructure that may be installed by the strata corporation or another owner, and

iii

any system the strata corporation uses, or plans to use, to manage electricity used by EV charging infrastructure;

the capacity of, and current and anticipated demands on, the strata corporation's electrical system;

any prescribed matters.

The strata corporation must not unreasonably refuse to approve an owner's request made under

section 90.1.

The strata corporation may require the owner to agree in writing to reasonable conditions of an approval, including, without limitation, conditions requiring the owner to

obtain the strata corporation's approval of EV charging infrastructure, contractors, materials or other matters related to the alteration,

modify or replace the proposed EV charging infrastructure in the event that the strata corporation installs other EV charging infrastructure for the benefit of the owners, or

if more than one owner makes the request, accept joint and several liability for expenses associated with making the alteration or for other costs.

The strata corporation must decide whether to approve an owner's request within the prescribed period, if any, after receiving the request.

If owner request approved

90.3

If, on request of an owner under

section 90.1, the strata corporation approves a proposed alteration to common property or land that is a common asset,

the strata corporation may

make the alteration, or

allow the owner to make the alteration, and

the owner is responsible for any expenses associated with making the alteration, unless otherwise agreed between the owner and the strata corporation.

If the strata corporation makes the alteration, the owner must, unless otherwise agreed between the owner and the strata corporation, do the following:

before the strata corporation makes the alteration, pay to the strata corporation an amount that, in the opinion of the strata corporation, is sufficient to cover all expenses associated with making the alteration;

if the amount referred to in paragraph (

a) is insufficient to cover all expenses associated with making the alteration, pay to the strata corporation on request any amounts required to cover the remaining expenses.

If the amount paid by an owner to the strata corporation under subsection (2) (

a) or (

b) exceeds the amount required to cover expenses associated with making the alteration, the strata corporation must pay the excess amount to the owner.

For certainty, the installation of EV charging infrastructure as a result of an alteration made at an owner's request under this Division does not affect any person's rights, permissions or privileges in relation to the use of a parking stall.

Finances

Operating Fund and Contingency Reserve Fund

Strata corporation responsible for common expenses

The strata corporation is responsible for the common expenses of the strata corporation.

Operating fund and contingency reserve fund

To meet its expenses the strata corporation must establish, and the owners must contribute, by means of strata fees, to

an operating fund for common expenses that

usually occur either once a year or more often than once a year,

are necessary to obtain a depreciation report under

section 94, or

iii

are necessary to obtain an electrical planning report under

section 94.1, and

a contingency reserve fund for common expenses that usually occur less often than once a year or that do not usually occur.

Minimum and maximum contributions to contingency reserve fund

Subject to the requirements set out in the regulations, the strata corporation must determine the amount of the annual contribution to the contingency reserve fund.

Depreciation report

In this section, qualified person has the meaning set out in the regulations.

Subject to the regulations, a strata corporation must obtain from a qualified person, on or before the dates determined in accordance with the regulations, a depreciation report estimating the repair and replacement cost for major items in the strata corporation and the expected life of those items.

[Repealed 2020-16-4.]

A depreciation report referred to in subsection (2) must contain the information set out in the regulations.

Electrical planning report

94.1

In this section, qualified person has the meaning set out in the regulations.

Subject to the regulations, a strata corporation must obtain from a qualified person, on or before the dates determined in accordance with the regulations, an electrical planning report.

An electrical planning report referred to in subsection (2) must contain the information set out in the regulations.

Management of contingency reserve fund

The strata corporation must account for money in the contingency reserve fund separately from other money of the strata corporation.

The strata corporation must invest all of the money in the contingency reserve fund in one or the other or a combination of the following:

those investments permitted by the regulations;

insured accounts with savings institutions in British Columbia.

Any interest or income earned on the money in the contingency reserve fund becomes part of the fund.

Despite subsection (2), the strata corporation may lend money in the contingency reserve fund to the operating fund as permitted by the regulations.

Expenditures from contingency reserve fund

The strata corporation must not spend money from the contingency reserve fund unless the expenditure is

consistent with the purposes of the fund as set out in

section 92 (b), and

approved or authorized as follows:

the expenditure is first approved by a resolution passed by

a majority vote at an annual or special general meeting if the expenditure is

necessary to obtain a depreciation report under

section 94,

related to the repair, maintenance or replacement recommended in the most current depreciation report obtained under

section 94 of common property, common assets or the portions of a strata lot for which the strata corporation has taken responsibility under

section 72 (3),

III

related to the installation of EV charging infrastructure or the management of electricity used by EV charging infrastructure,

necessary to obtain an electrical planning report under

section 94.1, or

necessary to obtain any other report respecting the installation or operation of EV charging infrastructure or the management of electricity used by EV charging infrastructure, or

a 3/4 vote at an annual or special general meeting if the expenditure is not described in clause (A) (

I) to (V);

the expenditure is authorized under

section 98.

Expenditures from operating fund

The strata corporation must not spend money from the operating fund unless the expenditure is

consistent with the purposes of the fund as set out in

section 92 (a), and

first approved by a resolution passed by a 3/4 vote at an annual or special general meeting, or authorized

in the budget, or

under

section 98 or 104 (3).

Unapproved expenditures

If a proposed expenditure has not been put forward for approval in the budget or at an annual or special general meeting, the strata corporation may only make the expenditure in accordance with this section.

Subject to subsection (3), the expenditure may be made out of the operating fund if the expenditure, together with all other unapproved expenditures, whether of the same type or not, that were made under this subsection in the same fiscal year, is

less than the amount set out in the bylaws, or

if the bylaws are silent as to the amount, less than $2 000 or 5% of the total contribution to the operating fund for the current year, whichever is less.

The expenditure may be made out of the operating fund or contingency reserve fund if there are reasonable grounds to believe that an immediate expenditure is necessary to ensure safety or prevent significant loss or damage, whether physical or otherwise.

3.1

For the purposes of subsection (3), the prevention of significant loss includes, without limitation, the obtaining and maintaining by the strata corporation of insurance that is required under

section 149 or 150 or the strata corporation's bylaws.

A bylaw setting out an amount for the purposes of subsection (2) (

a) may set out further conditions for, or limitations on, any expenditures under that provision.

Any expenditure under subsection (3) must not exceed the minimum amount needed to ensure safety or prevent significant loss or damage.

The strata corporation must inform owners as soon as feasible about any expenditure made under subsection (3).

Contribution to Expenses

Calculating strata fees

Subject to

section 100, owners must contribute to the strata corporation their strata lots' shares of the total contributions budgeted for the operating fund and contingency reserve fund by means of strata fees calculated in accordance with this

section and the regulations.

Subject to the regulations, the strata fees for a strata lot's share of the contribution to the operating fund and contingency reserve fund are calculated as follows:

Change to basis for calculation of contribution

At an annual or special general meeting held after the first annual general meeting, the strata corporation may, by a resolution passed by a unanimous vote, agree to use one or more different formulas, other than the formulas set out in

section 99 and the regulations, for the calculation of a strata lot's share of the contribution to the operating fund and contingency reserve fund.

An agreement under subsection (1) may be revoked or changed by a resolution passed by a unanimous vote at an annual or special general meeting.

A resolution passed under subsection (1) or (2) has no effect until it is filed in the land title office, with a Certificate of Strata Corporation in the prescribed form stating that the resolution has been passed by a unanimous vote.

No return of contributions on sale of strata lot

On the sale of a strata lot, the seller is not entitled to a return of contributions to the contingency reserve fund.

Budgets

Change of fiscal year end

The strata corporation may, by a resolution passed by a 3/4 vote at an annual or special general meeting held after the first annual general meeting, change the dates of its fiscal year, and as a result may have a budget for

a period of more than 12 months, but less than 18 months, or

a period of less than 12 months, but more than 6 months.

If a change to the dates of a strata corporation's fiscal year results in a period not covered by a budget,

section 104 (2) and (3) applies.

Budget requirements

The strata corporation must prepare a budget for the coming fiscal year for approval by a resolution to be passed by a majority vote at each annual general meeting.

The proposed budget must be distributed with the notice of the annual general meeting under

section 45 and must be accompanied by a financial statement.

The budget and financial statement

must contain the information required by the regulations, and

may be in the form set out in the regulations.

The proposed budget may be amended by a majority vote at the annual general meeting before the budget itself is put to a vote.

Failure to approve budget

If a budget is not approved at an annual general meeting, the strata corporation must within 30 days, or such longer period as approved by a resolution passed by a 3/4 vote at the meeting, prepare a new budget and place it before a special general meeting for approval by a resolution passed by a majority vote.

If a fiscal year to which a budget relates ends before a new budget is approved, the owners must, until the new budget is approved, continue to pay to the strata corporation the same monthly strata fees that they were required to pay under the previous budget.

Until a new budget is approved, the strata corporation may spend money out of the operating fund only in accordance with

section 98 or

on the type of expenses that are set out in the previous budget and that usually occur once a year or more often than once a year, and

up to the maximum amount set out in the previous budget for each category of expense.

Budget surpluses and deficits

Subject to

section 14, contributions to the operating fund which are not required to meet operating expenses accruing during the fiscal year to which the budget relates must be dealt with in one or more of the following ways, unless the strata corporation determines otherwise by a resolution passed by a 3/4 vote at an annual or special general meeting:

transferred into the contingency reserve fund;

carried forward as part of the operating fund, as a surplus;

used to reduce the total contribution to the next fiscal year's operating fund.

If operating expenses exceed the total contribution to the operating fund, the deficit must be eliminated during the next fiscal year.

Informing owners of strata fees

Within 2 weeks following the annual or special general meeting at which a budget is passed, the strata corporation must inform owners of any changes to their strata fees resulting from the new budget.

Payment of strata fees

A bylaw that establishes a

schedule for the payment of strata fees may set out a rate of interest, not to exceed the rate set out in the regulations, to be paid if an owner is late in paying the owner's strata fees under that schedule.

The interest payable on a late payment of strata fees in accordance with a bylaw referred to in subsection (1) is not a fine, and forms part of the strata fees for the purposes of

section 116.

Special Levies and User Fees

Special levy

The strata corporation may raise money from the owners by means of a special levy.

The strata corporation must calculate each strata lot's share of a special levy

in accordance with

section 99, 100 or 195, in which case the levy must be approved by a resolution passed by a 3/4 vote at an annual or special general meeting, or

in another way that establishes a fair division of expenses for that particular levy, in which case the levy must be approved by a resolution passed by a unanimous vote at an annual or special general meeting.

The resolution to approve a special levy must set out all of the following:

the purpose of the levy;

the total amount of the levy;

the method used to determine each strata lot's share of the levy;

the amount of each strata lot's share of the levy;

the date by which the levy is to be paid or, if the levy is payable in instalments, the dates by which the instalments are to be paid.

The strata corporation must

account for the money collected separately from other money of the strata corporation,

invest all of the money collected in one or both of the following:

investments permitted by the regulations;

insured accounts with savings institutions in British Columbia,

use the money collected for the purpose set out in the resolution, and

inform owners about the expenditure of the money collected.

4.1

A strata corporation may, by bylaw or by a resolution approving a special levy, establish a rate of interest, not to exceed the rate set out in the regulations, to be paid if an owner is late in paying the owner's strata lot's share of the special levy.

4.2

The interest payable on a late payment of a special levy in accordance with a bylaw or resolution referred to in subsection (4.1) is not a fine, and forms part of the special levy for the purposes of

section 116.

If the money collected exceeds the amount required, or for any other reason is not fully used for the purpose set out in the resolution, the strata corporation must pay to each owner of a strata lot the portion of the unused amount of the special levy that is proportional to the contribution made to the special levy in respect of that strata lot.

Despite subsection (5), if no owner is entitled to receive more than $100 in total under subsection (5), the strata corporation may deposit the excess in the contingency reserve fund.

In subsections (4) and (5), money collected means the money collected on a special levy and includes any interest or income earned on that money.

Payment of special levy when strata lot sold

If a special levy is approved before a strata lot is conveyed to a purchaser,

the person who is the owner of the strata lot immediately before the date the strata lot is conveyed owes the strata corporation the portion of the levy that is payable before the date the strata lot is conveyed, and

the person who is the owner of the strata lot immediately after the date the strata lot is conveyed owes the strata corporation the portion of the levy that is payable on or after the date the strata lot is conveyed.

User fees

A strata corporation must not impose user fees for the use of common property or common assets by owners, tenants or occupants, or their visitors, other than as set out in the regulations.

Borrowing Powers of Strata Corporation

Strata corporation may borrow

The strata corporation may, after approval by a resolution passed by a 3/4 vote at an annual or special general meeting, borrow money required by it to exercise its powers and perform its duties and, subject to

section 81, may secure the repayment of money borrowed by it, and the payment of interest on that money.

Without limiting subsection (1), the strata corporation may secure the repayment of money borrowed by it, and the payment of interest, by one or more of the following:

a mortgage of property, other than common property;

an assignment of unpaid strata fees or special levies;

a negotiable instrument.

Money Owing to Strata Corporation

Notice to owner or tenant of money owing to strata corporation

Before suing or beginning arbitration to collect money from an owner or tenant or before an initiating notice is given by the tribunal under

section 6 (1) of the Civil Resolution Tribunal Act in respect of the collection of money from an owner or tenant, the strata corporation must give the owner or tenant at least 2 weeks' written notice demanding payment and indicating that action may be taken if payment is not made within that 2 week period.

Before the strata corporation registers a lien against an owner's strata lot under

section 116, the strata corporation must give the owner at least 2 weeks' written notice demanding payment and indicating that a lien may be registered if payment is not made within that 2 week period.

Notice to mortgagee

If a mortgagee has given the strata corporation a Mortgagee's Request for Notification under

section 60, the strata corporation

may give the mortgagee written notice that the strata lot owner has failed to pay money owing to the strata corporation for more than 60 days, and

must give the mortgagee a copy of any notice given to the owner under

section 112.

Disputed debt

If there is a dispute over whether an owner or tenant owes money to the strata corporation, the owner or tenant may pay the disputed amount

into court if court proceedings have been started and the Supreme Court Civil Rules allow payment into court, or

to the strata corporation to hold in trust if

the matter has been referred to arbitration,

an initiating notice has been given under

section 6 of the Civil Resolution Tribunal Act , or

iii

court proceedings have been started.

On receipt of an amount under subsection (1) (b), the strata corporation holds the money and any interest on the money in trust for the parties to the dispute until the dispute is resolved.

After the dispute is resolved, the strata corporation must pay the amount to the party entitled to it as set out in the decision of the arbitrator, the civil resolution tribunal or the court.

Certificate of Payment

Within one week of the request of an owner or purchaser, or a person authorized by an owner or purchaser, the strata corporation must give the person making the request a Certificate of Payment in the prescribed form if

the owner does not owe money to the strata corporation, or

the owner does owe money but

the money claimed by the strata corporation has been paid into court, or to the strata corporation in trust, under

section 114, or

arrangements satisfactory to the strata corporation have been made to pay the money owing.

The certificate is current for the purposes of

section 256 for a period of 60 days from the date it is issued.

The strata corporation may charge a fee for the certificate, but the fee must not exceed the amount set out in the regulations.

In completing the certificate, the strata corporation may include money owing in respect of

the matters set out in

section 116, and

fines and the costs of remedying a contravention of a bylaw or rule charged against the owner or fines and costs for which the owner is responsible under

section 131.

A certificate must not include claims of damages against an owner that have not been determined by a court, by arbitration or by the civil resolution tribunal.

Certificate of Lien

The strata corporation may register a lien against an owner's strata lot by registering in the land title office a Certificate of Lien in the prescribed form if the owner fails to pay the strata corporation any of the following with respect to that strata lot:

strata fees;

a special levy;

a reimbursement of the cost of work referred to in

section 85;

the strata lot's share of a judgment against the strata corporation;

[Repealed 1999-21-25.]

The strata corporation may register a lien against any strata lot, but only one strata lot, owned by an owner as owner developer, by registering in the land title office a Certificate of Lien in the prescribed form if the owner developer fails to pay an amount payable to the strata corporation under

section 14 (4) or (5), 17 (

b) or 20 (3).

Subsections (1) and (2) do not apply if

the amount owing has, under

section 114, been paid into court or to the strata corporation in trust,

arrangements satisfactory to the strata corporation have been made to pay the money owing, or

the amount owing is in respect of a fine or the costs of remedying a contravention.

On registration the certificate creates a lien against the owner's strata lot in favour of the strata corporation for the amount owing.

The strata corporation's lien ranks in priority to every other lien or registered charge except

to the extent that the strata corporation's lien is for a strata lot's share of a judgment against the strata corporation,

if the other lien or charge is in favour of the Crown and is not a mortgage of land, or

if the other lien or charge is made under the Builders Lien Act .

On receiving the amount owing, the strata corporation must within one week remove the lien by registering in the land title office an Acknowledgement of Payment in the prescribed form.

Forced sale of owner's strata lot to collect money owing

After the strata corporation has registered a Certificate of Lien against a strata lot, the strata corporation may apply to the Supreme Court for an order for the sale of the strata lot.

If the strata corporation has obtained a judgment for the amount owing, the court may, after considering all the circumstances, make an order for the sale of the strata lot.

If the strata corporation has not obtained a judgment for the amount owing, the court may try the issue and may

order that judgment be entered against the owner in favour of the strata corporation for the amount of the lien or for an amount that the court, as a result of the trial, finds owing, and

if judgment is entered against the owner, make an order for the sale of the strata lot after considering all the circumstances.

An order for the sale of a strata lot must provide that, if the amount owing is not paid within the time period required by the order, the strata corporation may sell the strata lot at a price and on terms to be approved by the court.

Costs added to amount owing

The following costs of registering a lien against an owner's strata lot under

section 116 or enforcing a lien under

section 117 may be added to the amount owing to the strata corporation under a Certificate of Lien:

reasonable legal costs;

land title and court registry fees;

other reasonable disbursements.

Bylaws and Rules

General

Nature of bylaws

The strata corporation must have bylaws.

The bylaws may provide for the control, management, maintenance, use and enjoyment of the strata lots, common property and common assets of the strata corporation and for the administration of the strata corporation.

Standard Bylaws

The bylaws of the strata corporation are the Standard Bylaws except to the extent that different bylaws are filed in the land title office.

On deposit of the strata plan an owner developer may file bylaws that differ from the Standard Bylaws.

Unenforceable bylaws

A bylaw is not enforceable to the extent that it

contravenes this Act, the regulations, the Human Rights Code or any other enactment or law,

destroys or modifies an easement created under

section 69, or

prohibits or restricts the right of an owner of a strata lot to freely sell, lease, mortgage or otherwise dispose of the strata lot or an interest in the strata lot.

Subsection (1) (

c) does not apply to

[Repealed 2022-41-14.]

a bylaw under

section 122 relating to the sale of a strata lot, or

a bylaw under

section 123.1 (2) that restricts the age of persons who may reside in a strata lot.

Bylaws relating to sale of strata lot

The strata corporation may pass a bylaw governing activities relating to the sale of a strata lot, including locations for the posting of signs and times for the showing of common property and holding of open houses, but the bylaw may not prohibit or unreasonably restrict those activities.

Limits to pet bylaws

In this section, guide dog , retired guide or service dog team and service dog have the same meaning as in the Guide Dog and Service Dog Act .

A bylaw that prohibits a pet does not apply in respect of a pet living with an owner, tenant or occupant if

immediately before the bylaw was passed,

the pet lived with the owner, tenant or occupant, and

by living with the pet, the owner, tenant or occupant was not contravening any bylaw prohibiting a pet, and

the pet continues to live with the owner, tenant or occupant after the bylaw is passed.

A bylaw that prohibits a pet or other animal or that restricts the access of a pet or other animal to a strata lot or common property does not apply to

a guide dog or service dog, or

a dog that is a member of a retired guide or service dog team if the person who is a member of the team is an owner, tenant or occupant.

Age restriction bylaws

123.1

Except as permitted by subsection (2), a bylaw must not restrict the age of persons who may reside in a strata lot.

The strata corporation may pass a bylaw that requires one or more persons residing in a strata lot to have reached a specified age that is not less than 55 years.

Limits to age restriction bylaws

123.2

A requirement in a bylaw for one or more persons residing in a strata lot to have reached a specified age does not apply to any of the following persons:

a person who meets all of the following criteria:

immediately before the bylaw was passed,

the person resided in the strata lot, and

by residing in the strata lot, the person was not contravening any bylaw restricting the age of persons who may reside in the strata lot;

the person continues to reside in the strata lot after the bylaw is passed;

a caregiver who resides in the strata lot for the purpose of providing care to another person who

resides in the strata lot, and

is dependent on caregivers for continuing assistance or direction because of disability, illness or frailty;

a person in a prescribed class of persons.

Voluntary dispute resolution bylaw

The bylaws may provide for a process for the voluntary resolution of disputes among owners, tenants and the strata corporation or any combination of them.

A voluntary dispute resolution process in the bylaws must not

require a person to use the voluntary dispute resolution process, or

confer on any person or body a power to make a binding decision.

The use of a voluntary dispute resolution process in the bylaws does not affect a person's powers, duties or rights including, without limitation, the right to sue, begin arbitration or mediation or request that the tribunal resolve a claim under the Civil Resolution Tribunal Act .

An admission, statement, document or record that is made only for the purpose of a voluntary dispute resolution process in the bylaws may not be used in court, in an arbitration or mediation, in a tribunal proceeding or in any other proceeding.

Rules

The strata corporation may make rules governing the use, safety and condition of the common property and common assets.

A rule is not enforceable to the same extent that a bylaw is not enforceable under

section 121 (1).

All rules, including those posted on signs, must be set out in a written document that is capable of being photocopied.

The strata corporation must inform owners and tenants of any new rules as soon as feasible.

If a rule conflicts with a bylaw of the strata corporation, the bylaw prevails.

A rule ceases to have effect at the first annual general meeting held after it is made, unless the rule is ratified by a resolution passed by a majority vote

at that annual general meeting, or

at a special general meeting held before that annual general meeting.

Once a rule has been ratified under subsection (6), it is effective until it is repealed, replaced or altered, without the need for further ratification.

Amending the Bylaws

Amendment of bylaws

The bylaws of a strata corporation may be changed, repealed, replaced, added to or otherwise amended by complying with the requirements of this Division.

Amendment of bylaws before second annual general meeting

Despite

section 128, if a strata plan is a bare land strata plan or if all the strata lots in a strata plan are residential, no amendment may be made to the bylaws before the second annual general meeting unless the amendment is approved by a resolution passed by a unanimous vote at an annual or special general meeting.

If all the strata lots in a strata plan are nonresidential, the bylaws may be amended, in accordance with

section 128, at an annual or special general meeting held before the second annual general meeting.

If a strata plan is composed of residential and nonresidential strata lots, no amendment may be made to the bylaws before the second annual general meeting, unless

it is approved by a resolution passed by a unanimous vote at an annual or special general meeting, or

separate residential and nonresidential sections are formed.

If separate sections are formed,

the residential

section may not amend the bylaws before the second annual general meeting unless the amendment is approved by a resolution passed by a unanimous vote at an annual or special general meeting of the section, and

the nonresidential

section may amend the bylaws, in accordance with

section 197, at an annual or special general meeting of the

section held before the second annual general meeting.

Bylaw amendment procedures

Subject to

section 197, amendments to bylaws must be approved at an annual or special general meeting,

in the case of a strata plan composed entirely of residential strata lots, by a resolution passed by a 3/4 vote,

in the case of a strata plan composed entirely of nonresidential strata lots, by a resolution passed by a 3/4 vote or as otherwise provided in the bylaws, or

in the case of a strata plan composed of both residential and nonresidential strata lots, by both a resolution passed by a 3/4 vote of the residential strata lots and a resolution passed by a 3/4 vote of the nonresidential strata lots, or as otherwise provided in the bylaws for the nonresidential strata lots.

If an amendment to a bylaw is approved, an Amendment to Bylaws that sets out that amendment and is in the prescribed form must be filed in the land title office and, until that filing, the amendment has no effect.

[Repealed 2009-17-21.]

The strata corporation must inform owners and tenants of any amendment to the bylaws as soon as feasible after the amendment is approved.

Enforcing the Bylaws and Rules

Enforcement options

To enforce a bylaw or rule the strata corporation may do one or more of the following:

impose a fine under

section 130;

remedy a contravention under

section 133;

deny access to a recreational facility under

section 134.

Before enforcing a bylaw or rule the strata corporation may give a person a warning or may give the person time to comply with the bylaw or rule.

Fines

The strata corporation may fine an owner if a bylaw or rule is contravened by

the owner,

a person who is visiting the owner or was admitted to the premises by the owner for social, business or family reasons or any other reason, or

an occupant, if the strata lot is not rented by the owner to a tenant.

The strata corporation may fine a tenant if a bylaw or rule is contravened by

the tenant,

a person who is visiting the tenant or was admitted to the premises by the tenant for social, business or family reasons or any other reason, or

an occupant, if the strata lot is not sublet by the tenant to a subtenant.

Landlord's and owner's responsibility for fines and costs incurred by tenant

If the strata corporation fines a tenant or requires a tenant to pay the costs of remedying a contravention of the bylaws or rules, the strata corporation may collect the fine or costs from the tenant, that tenant's landlord and the owner, but may not collect an amount that, in total, is greater than the fine or costs.

If the landlord or owner pays some or all of the fine or costs levied against the tenant, the tenant owes the landlord or owner the amount paid.

Maximum fines

The strata corporation must set out in its bylaws the maximum amount it may fine an owner or tenant for each contravention of a bylaw or rule.

The strata corporation may set out in its bylaws

different maximum amounts of fines for different bylaws and rules, and

the frequency at which fines may be imposed for a continuing contravention of a bylaw or rule.

The maximum amount of a fine and the maximum frequency of imposition of fines must not exceed the maximums set out in the regulations.

Strata corporation may remedy a contravention

The strata corporation may do what is reasonably necessary to remedy a contravention of its bylaws or rules, including

doing work on or to a strata lot, the common property or common assets, and,

removing objects from the common property or common assets.

The strata corporation may require that the reasonable costs of remedying the contravention be paid by the person who may be fined for the contravention under

section 130.

Denial of access to recreational facility

The strata corporation may, for a reasonable length of time, deny an owner, tenant, occupant or visitor the use of a recreational facility that is common property or a common asset if the owner, tenant, occupant or visitor has contravened a bylaw or rule relating to the recreational facility.

Complaint, right to answer and notice of decision

The strata corporation must not

impose a fine against a person,

require a person to pay the costs of remedying a contravention, or

deny a person the use of a recreational facility

for a contravention of a bylaw or rule unless the strata corporation has

received a complaint about the contravention,

given the owner or tenant the particulars of the complaint, in writing, and a reasonable opportunity to answer the complaint, including a hearing if requested by the owner or tenant, and

if the person is a tenant, given notice of the complaint to the person's landlord and to the owner.

The strata corporation must, as soon as feasible, give notice in writing of a decision on a matter referred to in subsection (1) (a), (

b) or (

c) to the persons referred to in subsection (1) (

e) and (f).

Once a strata corporation has complied with this

section in respect of a contravention of a bylaw or rule, it may impose a fine or other penalty for a continuing contravention of that bylaw or rule without further compliance with this section.

Complaint against council member

If a complaint is made about a council member contravening a bylaw or rule, the council member must not participate in a decision made under

section 135 about the complaint.

Subsection (1) does not apply if all the owners are on the council.

Eviction by landlord

A repeated or continuing contravention of a reasonable and significant bylaw or rule by a tenant of a residential strata lot is an event that allows the landlord to give the tenant a notice terminating the tenancy agreement under

section 47 [landlord's notice: cause] of the Residential Tenancy Act .

Eviction by strata corporation

A repeated or continuing contravention of a reasonable and significant bylaw or rule by a tenant of a residential strata lot that seriously interferes with another person's use and enjoyment of a strata lot, the common property or the common assets is an event that allows the strata corporation to give the tenant a notice terminating the tenancy agreement under

section 47 [landlord's notice: cause] of the Residential Tenancy Act .

An eviction under subsection (1) does not affect any rights of the landlord under the tenancy agreement.

Rentals

Repealed

139-140

[Repealed 2022-41-17.]

No restriction of rentals by strata corporation

The strata corporation must not screen tenants, establish screening criteria, require the approval of tenants, require the insertion of terms in tenancy agreements or otherwise restrict the rental of a strata lot.

Repealed

142-145

[Repealed 2022-41-19.]

Landlord to give bylaws, rules and Notice of Tenant's Responsibilities to tenant

Before a landlord rents all or part of a residential strata lot, the landlord must give the prospective tenant

the current bylaws and rules, and

a Notice of Tenant's Responsibilities in the prescribed form.

Within 2 weeks of renting all or part of a residential strata lot, the landlord must give the strata corporation a copy of the notice signed by the tenant.

If a landlord fails to comply with subsection (1) or (2), the tenant

is still bound by the bylaws and rules, but

may, within 90 days of learning of the landlord's failure to comply, end the tenancy agreement without penalty by giving notice to the landlord.

If a tenant ends a