Copyright (

c) Queen's Printer,

Victoria, British Columbia, Canada

License

Disclaimer

1998/99 Legislative Session: 3rd Session, 36th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE JOY K. MacPHAIL

MINISTER OF FINANCE AND

CORPORATE RELATIONS

BILL 47 – 1998

STRATA PROPERTY ACT

Contents

Section

Part 1 –

Definitions and

Interpretation

Definitions and

interpretation

Part 2 – The Strata Corporation

Establishment of strata corporation

Responsibilities of strata corporation

Strata corporation functions through council

Part 3 – The Owner Developer

Division 1 – General

Owner developer's control of strata corporation

Owner developer's standard of care

Division 2 – The Owner Developer and the Strata Corporation Before Strata Lots are Conveyed

Owner developer to pay expenses

Passing resolutions before first conveyance

Division 3 – The Owner Developer and the Strata Corporation After the First Conveyance

Owner developer may be restricted

Restriction on contracting powers

Passing resolutions after first conveyance

Owner developer to establish contingency reserve fund

Interim budget following first conveyance

Payments during period of interim budget

Minimum period of insurance coverage

First annual general meeting to be held by owner developer

Owners may hold first annual general meeting

Money owed by owner developer

Chair of first annual general meeting

Business at first annual general meeting

First annual budget requirements

Transfer to council

Access to owner developer's financial records

Strata management contracts

Part 4 – Strata Corporation Governance

Division 1 – The Council

Election of council

Council exercises powers and performs duties of strata corporation

Control of council

Eligibility for council

Membership on council

Contracts not invalidated

Council member's standard of care

Disclosure of conflict of interest

Accountability

Approval of council member remuneration

Division 2 – Records

Strata corporation records

Access to records

Strata manager to return records

Division 3 – Contracts

Capacity to enter contracts and join organizations

Cancellation of strata management contracts

Division 4 – Annual General Meetings and Special General Meetings

Annual general meeting

Waiver of annual general meeting

Special general meeting called by strata corporation

Special general meeting called by voters

Waiver of special general meeting

Notice requirements for annual or special general meeting

Resolution proposed by owners

Failure to give proper notice of meeting

Quorum for annual or special general meeting

Electronic attendance at meetings

Voting at annual or special general meetings

Reconsideration of resolution passed by 3/4 vote

Unanimous votes

Division 5 – Voting

Number of votes per strata lot

Voters

Special voters

Proxies

Shared vote

Court appointed voter

Division 6 – Information Certificate

Information Certificate

Division 7 – Giving Notice and Providing Information

Notice to mortgagee

Notice given by strata corporation

Address of strata corporation

Notice given to strata corporation

Legal service on strata corporation

Informing resident owners

Part 5 – Property

Division 1 – General Property Matters

Ownership of property

Assessment and taxation

Strata lot boundaries

Implied easements

Changes to strata lot

Change in use of common property

Repair of property

Division 2 – Limited Common Property and Exclusive Use of Common Property

Designation of limited common property

Designation of limited common property by 3/4 vote

Removal of designation of limited common property

Short term exclusive use

Access to common property by strata corporation

Division 3 – Property Acquisition and Disposal

Acquisition of land by strata corporation

Disposal of land held in strata corporation's name

Disposal of common property

Strata corporation must not mortgage common property

Acquisition and disposal of personal property by strata corporation

Division 4 – Work Orders

Work order against strata corporation property

Work order against strata lot

Owner's failure to comply with work order

Division 5 – Builders Liens and Other Charges

Builders Lien Act applies

Builders liens against strata lots in phased strata plans

Builders lien after purchase from owner developer

Removal of claim of lien after purchase from owner developer

Removal of liens and other charges

Part 6 – Finances

Division 1 – Operating Fund and Contingency Reserve Fund

Strata corporation responsible for common expenses

Operating fund and contingency reserve fund

Minimum and maximum contributions to contingency reserve fund

Depreciation report

Management of contingency reserve fund

Expenditures from contingency reserve fund

Expenditures from operating fund

Unapproved expenditures

Division 2 – Contribution to Expenses

Calculating strata fees

Change to basis for calculation of contribution

No return of contributions on sale of strata lot

Division 3 – Budgets

Change of fiscal year end

Budget requirements

Failure to approve budget

Budget surpluses

Informing owners of strata fees

Payment of strata fees

Division 4 – Special Levies and User Fees

Special levy

Payment of special levy when strata lot sold

User fees

Division 5 – Borrowing Powers of Strata Corporation

Strata corporation may borrow

Division 6 – Money Owing to Strata Corporation

Notice to owner or tenant of money owing to strata corporation

Notice to mortgagee

Disputed debt

Certificate of Payment

Certificate of Lien

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

Costs added to amount owing

Part 7 – Bylaws and Rules

Division 1 – General

Nature of bylaws

Standard Bylaws

Unenforceable bylaws

Bylaws relating to sale of strata lot

Limits to pet and age bylaws

Voluntary dispute resolution bylaw

Rules

Division 2 – Amending the Bylaws

Amendment of bylaws

Amendment of bylaws before first annual general meeting

Bylaw amendment procedures

Division 3 – Enforcing the Bylaws and Rules

Enforcement options

Fines

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

Maximum fines

Strata corporation may remedy a contravention

Denial of access to recreational facility

Complaint, right to answer and notice of decision

Complaint against council member

Eviction by landlord

Eviction by strata corporation

Part 8 – Rentals

Rental disclosure by owner developer

Contravention of disclosure requirements

Restriction of rentals by strata corporation

Limits to rental restriction bylaws

Rental restriction bylaw does not immediately apply to some strata lots

Exemption from rental restriction bylaw

Rental agreement in contravention of rental restriction bylaw

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

Assignment of powers and duties to tenant

Long term lease

Part 9 – Insurance

Property insurance required for strata corporation

Liability insurance required for strata corporation

Errors and omissions insurance

Optional strata corporation insurance

Insurable interest

Review and report on insurance

Named insureds

Payment of insurance proceeds

Application of insurance money

Insurance deductible

Decision not to repair or replace

Court orders

Owner's insurance

Contribution

Part 10 – Legal Proceedings and Arbitration

Division 1 – Suits Against the Strata Corporation

Strata corporation may be sued

Preventing or remedying unfair acts

Other court remedies

Owner's liability for judgment against strata corporation

Defending suits

Strata corporation may join owner

Limit on owner's responsibility for costs

Division 2 – Suits by the Strata Corporation

Suits against owners

Strata corporation may sue as representative of all owners

Strata corporation may sue on behalf of some owners

Other court remedies

Division 3 – Administrator of Strata Corporation

Appointment of administrator

Division 4 – Arbitration

Application of this Division

Suit requirements and procedures apply

Disputes that can be arbitrated

Effect of court proceedings on arbitration

Beginning arbitration

Consolidation of disputes

Mediation

Notice of arbitration

Arbitration procedures

Examination and evidence

Arbitrator's decision

Costs

Decision final

Appeal to court

Enforcement of decision

Part 11 – Sections

Act applies to strata corporation with sections

Sections allowed

Creation of sections by owner developer

Creation or cancellation of sections by strata corporation

Powers and duties of

section

Expenses of

section

Administration of

section

Bylaws and rules for

section

Judgments against strata corporation relating to

section

Part 12 – Leasehold Strata Plans

Definitions

Act applies to leasehold strata plans

Deposit of leasehold strata plan

New indefeasible title

Conversion of ground lease

Signature of leasehold landlord not required

Obligations under strata lot lease

Restrictions on lease, assignment or occupancy of strata lot

Change to restrictions

Duties of strata corporation

Leasehold landlord's remedies on leasehold tenant's default

Renewal of strata lot lease

Renewal terms

Renewal of fewer than 2/3 of strata lot leases

Destruction of buildings

Purchase of leasehold tenant's interest on termination

Cancellation of strata plan

Conversion to freehold strata plan

Part 13 – Phased Strata Plans

Definition

Act applies to phased strata plan

Owner developer in phased strata plan

Transfer of owner developer's interest

Deposit of phased strata plan in land title office

Approval of Phased Strata Plan Declaration

Security for common facilities

Approval of phase

Approving officer's approval for common facilities

Release of security

Owner developer's contribution to expenses

Effect of deposit of phase

Notification of deposit of subsequent phase

Annual general meeting after deposit of subsequent phase

Deemed election to proceed

Amendment of declaration to extend time for election

Other amendments to declaration

Matters that apply to amendment of declaration

Election not to proceed

Delay in proceeding

Development after election not to proceed requires approval

Building permit

Part 14 – Land Titles

Effect of deposit of strata plan

Title requirements for deposit of strata plan

Endorsement of nonoccupancy

Approval for conversion of previously occupied buildings

Approval of bare land strata plan

Strata plan requirements

Strata plans: accompanying documents

Schedule of Unit Entitlement

Schedule of Voting Rights not approved by superintendent

Schedule of Voting Rights approved by superintendent

Registrar must deposit

General index

Common property

Common property record

Subdivision of common property

Certificate of Strata Corporation

Acquisition of land

Certificate of Payment required

Part 15 – Strata Plan Amendment and Amalgamation

Division 1 – Strata Plan Amendment

Amending strata plan to designate limited common property

Parking designated by owner developer as limited common property

Amending strata plan to add to, consolidate or divide a strata lot

Exceptions to requirement for unanimous vote

Amending

Schedule of Unit Entitlement

Amending strata plan to make land held by strata corporation into new strata lot

Amending strata plan to add a strata lot to common property

Calculation of unit entitlement and voting rights following amendment

Amending strata plan to make common property into land held by the stratacorporation

Amending strata plan to add land held by strata corporation to the common property

Registrar's duties on amendment

Easements following amendment

Division 2 – Amalgamation

Amalgamation

Registrar's duties on amalgamation

Effect of amalgamation

Part 16 – Cancellation of Strata Plan and Winding Up of Strata Corporation

Division 1 – Voluntary Winding Up Without Liquidator

Vote to cancel strata plan and become tenants in common

Conversion

schedule

Application to registrar

Registrar's order

Division 2 – Voluntary Winding Up With Liquidator

Application of Company Act to voluntary winding up of strata corporation

Appointment of liquidator

Interest

schedule

Vesting order

Filing vesting order

Effect of filing vesting order

Approval of disposition

Filing of account and return

Division 3 – Court Ordered Winding Up

Application for court order to wind up strata corporation

Winding up

Division 4 – General

Application

Plan cancellation provisions of Land Title Act do not apply

Delivery of duplicate title

Priorities must be resolved

Part 17 – General

Offences

Application of other laws

Power to make regulations

Transitional

Repeal

295-321

Consequential Amendments

Commencement

Schedule of Standard Bylaws

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the

Province of British Columbia, enacts as follows:

Part 1 –

Definitions and

Interpretation

Definitions and

interpretation

(1) In this Act:

"approving officer" means the appropriate person

appointed under

section 77 of the Land Title Act ;

"assessed value" means the value assessed under

the Assessment Act ;

"bare land strata plan" means

(

a) 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

(

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

"bylaw" means a bylaw of a strata corporation on file in the land title office;

"common asset" means

(

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

(

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

(

i) not shown on the strata plan, or

(ii) shown as a strata lot on the strata plan;

"common expenses" means expenses

(

a) relating to the common property and common assets of the strata corporation,

(

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

"common property" means

(

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

a strata lot, and

(

b) 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

(

i) within a floor, wall or ceiling that forms a boundary

(

A) between a strata lot and another strata lot,

(

B) between a strata lot and the common property, or

(

C) between a strata lot or common property and another parcel of

land, or

(ii) 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 that usually occur

less often than once a year or that do not usually occur, 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) a transfer of a freehold estate in the strata lot;

(

b) an agreement for sale of the strata lot;

(

c) an assignment of a purchaser's interest in an agreement for sale of the strata

lot;

(

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

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

"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;

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

"operating fund" means a fund for common expenses that usually occur either once

a year or more often than once a year, as set out in

section 92 (a);

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

(

a) 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

(

b) 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

(

c) a registered agreement for sale, in which case it means the registered holder

of the last registered agreement for sale, or

(

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

"owner developer" means

(

a) a person

(

i) 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

(

A) the owner of the freehold estate in the land shown on the strata

plan, or

(

B) in the case of a leasehold strata plan as defined in

section 199,

the lessee of the ground lease of the land, or

(ii) who acquires all the strata lots in a strata plan from the person

referred to in subparagraph (i), and

(

b) 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;

"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;

"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;

"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

(

a) the common property and common assets, and

(

b) the common expenses and liabilities of the strata corporation.

(2) 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.

Part 2 – The Strata Corporation

Establishment of strata corporation

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

(

a) a strata corporation is established, and

(

b) 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] ".

(2) Subject to any limitation under this Act or the regulations, a strata corporation has

the power and capacity of a natural person of full capacity.

Responsibilities of strata corporation

3 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

4 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.

Part 3 – The Owner Developer

Division 1 – General

Owner developer's control of strata corporation

(1) 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.

(2) 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

(1) In exercising the powers and performing the duties of a council, the owner

developer must

(

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

corporation, and

(

b) exercise the care, diligence and skill of a reasonably prudent person in

comparable circumstances.

(2) 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.

(3) 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.

Division 2 – The Owner Developer and the Strata Corporation

Before Strata Lots are Conveyed

Owner developer to pay expenses

7 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

8 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.

Division 3 – The Owner Developer and the Strata Corporation After the First Conveyance

Owner developer may be restricted

9 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

10 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

(1) 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 only if the resolution is passed by a unanimous vote at a

special general meeting.

(2) Despite subsection (1), a resolution under

section 127 to amend the bylaws or

under

section 139 to change a Rental Disclosure Statement may be passed in

accordance with those sections before the first annual general meeting.

Owner developer to establish contingency reserve fund

(1) 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.

(2) 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 5% of the estimated operating expenses as set out in the interim budget

referred to in

section 13.

(3) 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

(a) 5% 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

(b) 25% of the estimated annual operating expenses as set out in the interim

budget referred to in

section 13.

(4) The owner developer must not use money in the contingency reserve fund to pay

strata corporation expenses.

(5) The contingency reserve fund belongs to the strata corporation.

Interim budget following first conveyance

(1) The owner developer must

(

a) 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

(

b) 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.

(2) The interim budget must include

(

a) the estimated operating expenses of the strata corporation for the 12 month

period,

(

b) the contribution to the contingency reserve fund for the 12 month period,

which must be at least 5% of the estimated operating expenses, and

(

c) 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

(1) 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.

(2) 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.

(3) 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.

(4) 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 6 weeks after the first annual general

meeting.

(5) 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.

(6) 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.

(7) 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.

(8) 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

15 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

(1) The owner developer must hold the first annual general meeting during the

6 week period that begins on the earlier of

(

a) the date on which 50% plus one of the strata lots have been conveyed to

purchasers, and

(

b) the date that is 9 months after the date of the first conveyance of a strata lot

to a purchaser.

(2) 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

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

section 16,

(

a) 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

(

b) the owner developer must pay to the strata corporation an amount calculated

according to the regulations.

Money owed by owner developer

18 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

19 The chair of the first annual general meeting is

(

a) the owner developer acting personally or through an agent, or

(

b) 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

(1) At the first annual general meeting, the eligible voters must elect a council, for a

term of one year, in accordance with

section 25.

(2) At the first annual general meeting, the owner developer must

(

a) place before the meeting and give the strata corporation copies of all of the

following:

(

i) 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;

(ii) 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;

(iv) any disclosure statement required by

Part 2 of the Real Estate Act or

section 139 of this Act;

(

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

(vi) 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;

(ix) any other records required by the regulations, and

(

b) place an annual budget, prepared in accordance with

section 21, before the

meeting for approval.

(3) 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

(1) 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.

(2) 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.

(3) The budget and financial statement

(

a) must contain the information required by the regulations, and

(

b) may be in the form set out in the regulations.

(4) Approval of the first annual budget must be by a resolution passed by a majority

vote.

(5) 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.

(6) Within 6 weeks after the first annual general meeting, the owner developer must

give the strata corporation a financial statement updated to

(

a) the date the first annual budget takes effect, or

(

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

first annual general meeting.

Transfer to council

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

(

a) transfer control of the strata corporation's money to the newly elected

council, and

(

b) 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

(1) 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.

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

(

a) the owner developer must, at the request of the strata corporation, make

them available for inspection free of charge by the strata corporation, and

(

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

Strata management contracts

(1) 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

(

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

(

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

and

(

c) the cancellation date established in accordance with

section 39.

(2) 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).

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

section 45 (3).

Part 4 – Strata Corporation Governance

Division 1 – The Council

Election of council

25 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

26 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

(1) 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.

(2) The strata corporation may not direct or restrict the council under subsection

(1) if the direction or restriction

(

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

(

b) interferes with the council's discretion to determine, based on the facts of a

particular case,

(

i) whether a person has contravened a bylaw or rule,

(ii) whether a person should be fined, and the amount of the fine, or

(iii) whether a person should be denied access to a recreational facility.

Eligibility for council

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

(

a) owners;

(

b) individuals representing corporate owners;

(

c) tenants who, under

section 147 or 148, have been assigned a landlord's right

to stand for council.

(2) 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.

(3) 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.

Membership on council

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

(2) 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.

(3) 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.

(4) If all the owners are on the council, each strata lot has one vote at council

meetings.

Contracts not invalidated

(1) The validity of a contract made or a certificate issued by the strata corporation is

not affected by

(

a) 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,

(

b) a limitation on the authority of the council member or officer to act on

behalf of the strata corporation.

(2) 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

31 In exercising the powers and performing the duties of the strata corporation, each

council member must

(

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

corporation, and

(

b) exercise the care, diligence and skill of a reasonably prudent person in

comparable circumstances.

Disclosure of conflict of interest

32 A council member who has a direct or indirect interest in a contract or transaction with

the strata corporation must

(

a) disclose fully and promptly to the council the nature and extent of the

interest,

(

b) abstain from voting on the contract or transaction, and

(

c) leave the council meeting

(

i) while the contract or transaction is discussed, unless asked by council

to be present to provide information, and

(ii) while the council votes on the contract or transaction.

Accountability

(1) 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.

(2) 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.

(3) 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:

(

a) set aside the contract or transaction if no significant injustice will be caused

to third parties;

(

b) 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;

(

c) 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

34 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

(

a) in the budget,

(

b) in the bylaws, or

(

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

Division 2 – Records

Strata corporation records

(1) The strata corporation must prepare all of the following records:

(

a) minutes of annual and special general meetings and council meetings,

including the results of any votes;

(

b) a list of council members with telephone numbers at which they can be

contacted;

(

c) a list of

(

i) owners, with their strata lot addresses, mailing addresses if different,

strata lot numbers as shown on the strata plan, parking stall numbers,

if any, and unit entitlements,

(ii) names and addresses of mortgagees who have filed a Mortgagee's

Request for Notification under

section 60,

(iii) names of tenants, and

(iv) assignments of voting or other rights by landlords to tenants under

sections 147 and 148;

(

d) books of account showing money received and spent and the reason for the

receipt or expenditure;

(

e) any other records required by the regulations.

(2) The strata corporation must retain copies of all of the following:

(

a) the records referred to in subsection (1);

(

b) the registered strata plan and any strata plan amendments as obtained from

the land title office;

(

c) this Act and the regulations;

(

d) the bylaws and rules;

(

e) resolutions that deal with changes to common property, including the

designation of limited common property;

(

f) waivers and consents under

section 41, 44 or 45;

(

g) written contracts to which the strata corporation is a party;

(

h) any decision of an arbitrator or judge in a proceeding in which the strata

corporation was a party, and any legal opinions obtained by the strata corporation;

(

i) the budget and financial statement for the current year and for previous

years;

(

j) income tax returns, if any;

(

k) correspondence sent or received by the strata corporation and council;

(

l) bank statements, cancelled cheques and certificates of deposit;

(

m) Information Certificates issued under

section 59;

(

n) the records and documents given to the strata corporation by the owner

developer under

section 20, or obtained by the strata corporation under

section 23;

(

o) any other records required by the regulations.

(3) Records referred to in this

section must be retained by the strata corporation for

the periods set out in the regulations.

Access to records

(1) 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,

(

a) an owner,

(

b) 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

(

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

(

a) or (b).

(2) On receiving the request of a tenant, or a person authorized in writing by a tenant,

the strata corporation must

(

a) make the bylaws and rules available for inspection, and

(

b) provide copies of the bylaws and rules.

(3) The strata corporation must comply with a request under subsection (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.

(4) 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

(1) 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

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

(2) A person who fails to comply with subsection (1) must pay to the strata

corporation an amount calculated according to the regulations.

Division 3 – Contracts

Capacity to enter contracts and join organizations

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

capacity

(

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

regulations and the bylaws, and

(

b) to join organizations to further its purposes under this Act, the regulations

and the bylaws.

Cancellation of strata management contracts

(1) 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,

(

a) 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

(

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

(2) 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.

Division 4 – Annual General Meetings and Special General Meetings

Annual general meeting

(1) The strata corporation must hold annual general meetings except as provided

under

section 41.

(2) An annual general meeting must be held no later than one month after the strata

corporation's fiscal year end.

Waiver of annual general meeting

(1) 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

(

a) approve the budget for the coming fiscal year,

(

b) elect a council by acclamation, and

(

c) deal with any other business.

(2) 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

42 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

(1) 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

consider a resolution or other matter specified in the demand.

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

(3) Subject to

section 44, the strata corporation must hold the special general meeting

within 4 weeks after the demand is given to the strata corporation.

(4) The president of the council may call the special general meeting without holding

a council meeting.

(5) 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.

(6) If a special general meeting is not held within the time period set out in

subsection (3), 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

(1) 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.

(2) 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

(1) The strata corporation must give at least 2 weeks' written notice of an annual or

special general meeting to all of the following:

(

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

mortgagee or tenant;

(

b) every mortgagee who has given the strata corporation a Mortgagee's

Request for Notification under

section 60;

(

c) 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.

(2) 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.

(3) The notice of the annual or special general meeting must include 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 or unanimous vote.

(4) If the meeting is an annual general meeting, the notice must include the budget

and financial statement referred to in

section 103.

(5) 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.

(6) 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).

Resolution proposed by owners

(1) Persons holding at least 25% of the strata corporation's votes may, by written

demand, propose a resolution or raise a matter specified in the demand.

(2) A resolution or matter raised under subsection (1) must be included

(

a) in the notice given under

section 45 (3) about the next annual or special

general meeting of the strata corporation, and

(

b) on the agenda of that meeting.

(3) Subsection (2) does not apply to a special general meeting held under

section 43 (6).

Failure to give proper notice of meeting

47 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

(1) Business must not be conducted at an annual or special general meeting unless a

quorum is present.

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

(

a) eligible voters holding 1/3 of the strata corporation's votes, present in

person or by proxy, or

(

b) 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.

Electronic attendance at meetings

(1) A strata corporation may, by bylaw, provide for attendance at an annual or special

general meeting by telephone or any other method, if the method permits all

persons participating in the meeting to communicate with each other during the

meeting.

(2) A person who attends a meeting as provided under subsection (1) is present in

person at the meeting.

Voting at annual or special general meetings

(1) At an annual or special general meeting, matters are decided by majority vote

unless a 3/4 vote or unanimous vote is required by the Act, the regulations or the

bylaws.

(2) 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

(

a) do not substantially change the resolution, and

(

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

Reconsideration of resolution passed by 3/4 vote

(1) 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.

(2) 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.

(3) 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.

(4) The demand must be signed by each person making it.

(5) 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.

(6) The strata corporation must hold the special general meeting within 4 weeks after

the demand is given to the strata corporation.

(7) The president of the council may call the special general meeting without holding

a council meeting.

(8) 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.

(9) 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.

(10) The resolution stands and may be implemented only if

(

a) a demand for reconsideration is not made under this section,

(

b) the resolution is approved by a 3/4 vote at the special general meeting held

under this section, or

(

c) the meeting does not proceed for lack of a quorum.

(11) The resolution may be reconsidered under this

section only once.

Unanimous votes

(1) If a resolution passed by a unanimous vote is required under the Act or the regulations,

and is supported by all of the strata corporation's votes except for

(

a) the vote in respect of one strata lot, in a strata corporation comprised of at

least 10 strata lots, or

(

b) 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 (2).

(2) On application under subsection (1), 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.

(3) In making an order under subsection (2), the court may make any other order it

considers just, including an order that the strata corporation offer to purchase at

fair market value a strata lot owned by a dissenting voter or that the strata

corporation otherwise compensate a dissenting voter.

Division 5 – Voting

Number of votes per strata lot

(1) 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.

(2) 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 a unanimous

vote, if the strata corporation is entitled to register a lien against that strata lot

under

section 116.

(3) 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 (1) and 51 (3).

Voters

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

(

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

paragraph (

b) or (c);

(

b) 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);

(

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

(

i) the mortgage gives the mortgagee the right to vote, and

(ii) 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.

Special voters

(1) 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.

(2) 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

(1) A person who may vote under

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

(2) A document appointing a proxy

(

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

(

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

(

c) may be revoked at any time.

(3) Subject to the regulations, any person may be a proxy except the strata manager

or other employee of the strata corporation.

(4) 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

(1) If 2 or more persons share one vote with respect to a strata lot, only one of them

may vote on any given matter.

(2) 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

(1) 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).

(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

Trustee or any other person to vote in respect of the strata lot.

(3) If the application concerns a matter that requires a 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).

(4) 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

Trustee or other person.

(5) The court may vary an order made under this section.

Division 6 – Information Certificate

Information Certificate

(1) 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.

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

date of the certificate.

(3) The certificate must disclose all of the following in respect of the strata

corporation and the strata lot for which the request is made:

(

a) the monthly strata fees payable by the owner;

(

b) 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;

(

c) any agreements under which the owner takes responsibility for expenses

relating to alterations to a strata lot, the common property or the common

assets;

(

d) 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;

(

e) 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;

(

f) the amount in the contingency reserve fund minus any expenditures which

have already been approved but not yet taken from the fund;

(

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

(

h) 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;

(

i) any notice that has been given for a resolution that has not been voted on, if

the resolution requires a 3/4 vote or unanimous vote or deals with an

amendment to the bylaws;

(

j) any court proceeding or arbitration in which the strata corporation is a party

and any judgments or orders against the strata corporation;

(

k) any notices or work orders received by the strata corporation that remain

outstanding for the strata lot, the common property or the common assets;

(

l) the number of strata lots in the strata plan that are rented;

(

m) any other information required by the regulations.

(4) Copies of all of the following must be attached to the certificate:

(

a) the rules of the strata corporation;

(

b) the current budget of the strata corporation;

(

c) the owner developer's Rental Disclosure Statement under

section 139, if

any.

(5) 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.

(6) 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.

(7) 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.

Division 7 – Giving Notice and Providing Information

Notice to mortgagee

60 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

(1) A notice or other record or document that the strata corporation is required or

permitted to give to a person under this Act, the regulations, the bylaws or the

rules may be given to the person,

(

a) if the person has provided the strata corporation with an address outside the

strata plan for receiving notices and other records or documents,

(

i) by leaving it with the person, or

(ii) by mailing it to the address provided, or

(

b) if the person has not provided the strata corporation with an address outside

the strata plan for receiving notices and other records or documents,

(

i) by leaving it with the person,

(ii) 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,

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

(

v) by putting it through a mail slot or in a mail box used by the person

for receiving mail, or

(vi) by faxing it to a fax number provided by the person.

(2) The notice, record or document may be addressed to the person by name, or to

the person as owner or tenant.

(3) A notice or other record or document that is given to a person under

subsection (1) (a) (ii) or (b) (ii) to (vi) is conclusively deemed to have been given

4 days after it is left with an adult, put under the door, mailed, put through a mail

slot or in a mail box or faxed.

Address of strata corporation

(1) The strata corporation must ensure that the correct mailing address for the strata

corporation is filed in the land title office.

(2) The address may be accompanied by a fax number.

(3) 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

(1) A notice or other record or document that is required or permitted under this Act,

the regulations, the bylaws or the rules to be given to the strata corporation may

be given to the strata corporation

(

a) by leaving it with a council member,

(

b) by mailing it to the strata corporation at its most recent mailing address on

file in the land title office,

(

c) by faxing it to the strata corporation using the strata corporation's fax

number or a fax number provided by a council member for the purpose of

receiving the notice, record or document, or

(

d) by putting it through the mail slot, or in the mail box, used by the strata

corporation for receiving notices, records and documents.

(2) 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 or put through the mail slot or in the mail box.

Legal service on strata corporation

64 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

(

a) personal service on a council member, or

(

b) 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

65 For the purposes of sections 98 (6), 106, 108 (4) and 125 (4) and any regulations,

bylaws or rules that require the strata corporation to inform owners of certain matters,

the method chosen to inform resident owners may include one or more of the

following methods:

(

a) leaving a document containing the information at a location designated by

the strata corporation for the distribution of such information;

(

b) posting a document containing the information in a part of the common

property designated by the strata corporation for the posting of such information.

Part 5 – Property

Division 1 – General Property Matters

Ownership of property

66 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

67 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

(1) 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.

(2) 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.

(3) A boundary shown on the strata plan must be shown in a manner approved by the

registrar.

(4) Despite subsections (1) to (3), in the case of a bare land strata plan, the boundaries

must be shown on the strata plan

(

a) by reference to survey markers, and

(

b) in compliance with regulations, if any, made by the Surveyor General.

Implied easements

(1) There exists an easement in favour of each strata lot in the strata plan and the

owner of each strata lot

(

a) for the strata lot's vertical and sideways support by the common property

and by every other strata lot capable of providing support,

(

b) 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

(

c) 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.

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

common property

(

a) for the common property's vertical and sideways support by every strata lot

capable of providing support,

(

b) 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

(

c) 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.

(3) The easements referred to in subsections (1) and (2)

(

a) exist without registration in a land title office,

(

b) charge and burden that part of the common property capable of providing

support or shelter to a strata lot,

(

c) charge and burden each strata lot capable of providing support or shelter to

another strata lot or to the common property,

(

d) 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

(

e) 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).

(4) 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.

(5) 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

(1) 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

(

a) adjoining strata lots, or

(

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

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

(1) unless the removal

(

a) fails to comply with

(

i) the British Columbia Building Code referred to in the Building

Regulations of British Columbia, or

(ii) any applicable municipal or regional district bylaws, or

(

b) interferes with the provision of utilities or other services to any other strata

lot or to the common property.

(3) The owner or owners must give copies of any required building permits to the

strata corporation when seeking its approval under subsection (1).

(4) 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

(

a) seek an amendment to the

Schedule of Unit Entitlement under

section 261,

and

(

b) obtain the unanimous vote referred to in

section 261 before making the

change.

Change in use of common property

71 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

(

a) the change is approved by a resolution passed by a 3/4 vote at an annual or

special general meeting, or

(

b) there are reasonable grounds to believe that immediate change is necessary

to ensure safety or prevent significant loss or damage.

Repair of property

(1) Subject to subsection (2), the strata corporation must repair and maintain

common property and common assets.

(2) The strata corporation may, by bylaw, make an owner responsible for the repair

and maintenance of

(

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

(

b) subject to the regulations, common property other than limited common

property.

(3) The strata corporation may, by bylaw, take responsibility for the repair and

maintenance of specified portions of a strata lot.

Division 2 – Limited Common Property and Exclusive Use of Common Property

Designation of limited common property

73 Common property may be designated as limited common property

(

a) by the owner developer

(

i) by a designation on the strata plan when it is deposited in the land title

office, or

(ii) by a plan amendment under

section 258,

(

b) by an amendment to the strata plan under

section 257, or

(

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

section 74.

Designation of limited common property by 3/4 vote

(1) 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.

(2) A resolution passed under subsection (1) must be filed in the land title office with

a sketch plan that

(

a) satisfies the registrar,

(

b) defines the areas of limited common property, and

(

c) specifies each strata lot whose owners are entitled to the exclusive use of

the limited common property.

(3) A resolution passed under subsection (1) does not have effect until it is filed in

the land title office.

(4) 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

(1) If a designation of common property as limited common property was made

(

a) 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

(

b) by an amendment to the strata plan under

section 257,

the designation may only be removed by amending the plan under

section 257.

(2) 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.

(3) A resolution passed under subsection (2) does not have effect until it is filed in

the land title office.

(4) The removal of a designation of limited common property by a resolution under

subsection (2) does not require an amendment to the strata plan.

Short term exclusive use

(1) 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.

(2) A permission or privilege under subsection (1) may be given for a period of not

more than one year, and may be made subject to conditions.

(3) The strata corporation may renew the permission or privilege and on renewal

may change the period or conditions.

(4) 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

77 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.

Division 3 – Property Acquisition and Disposal

Acquisition of land by strata corporation

(1) 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.

(2) 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

(

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

(

b) the document conforms to the resolution.

(3) The strata corporation may, without prior approval,

(

a) accept a grant of an easement or restrictive covenant benefiting land in the

strata plan, or

(

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

Disposal of land held in strata corporation's name

79 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) a resolution approving the disposition must be passed by a 3/4 vote at an

annual or special general meeting;

(

b) 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

(1) 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.

(2) 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) a resolution approving the disposition must be passed by a 3/4 vote at an

annual or special general meeting;

(

b) 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;

(

c) any document needed to effect the disposition must be executed by the

strata corporation and delivered to the land title office accompanied by

(

i) 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

(ii) the written consents referred to in paragraph (b).

(3) 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

81 The strata corporation must not mortgage common property.

Acquisition and disposal of personal property by strata corporation

(1) The strata corporation may acquire personal property for the use of the strata

corporation.

(2) The strata corporation may sell, lease, mortgage or otherwise dispose of personal

property.

(3) The strata corporation must obtain prior approval by a resolution passed by a 3/4

vote 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

(

a) an amount set out in the bylaws, or

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

(4) This

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

instrument referred to in

section 95 (2).

Division 4 – Work Orders

Work order against strata corporation property

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

(

a) common property, or

(

b) land that is a common asset

if the work is required by a notice or order of a person who is authorized by law to

require the work, and the notice or order is given to the strata corporation.

Work order against strata lot

(1) Except as provided in

section 41.1 of the Fire Services Act , a strata corporation

that receives a notice or order requiring work to be done on or to a strata lot, from

a person authorized by law to require the work, must promptly give the notice or

order to the owner of the strata lot.

(2) An owner who receives a notice or order requiring work to be done on or to the

owner's strata lot, from a person 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

(1) 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.

(2) 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.

(3) 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.

(4) 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.

Division 5 – Builders Liens and Other Charges

Builders Lien Act applies

86 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

87 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

(1) 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

(

a) the date on which the time for filing a claim of lien under the Builders Lien

Act expires, and

(

b) the date which is 45 days after the date the strata lot is conveyed to the

purchaser.

(2) 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

(

a) the date on which the time for filing a claim of lien under the Builders Lien

Act expires, and

(

b) the date which is 55 days after the date the strata lot is conveyed to the

purchaser.

(3) The holdback is subject to a lien under the Builders

Lien Act .

(4) 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

(1) 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 may apply to the Supreme

Court for an order for permission to pay into the court the lesser of

(

a) the total amount of the claims of lien filed, and

(

b) the full amount of the holdback under

section 88 (2).

(2) Payment into the court discharges the lien and releases the purchaser from

liability to the owner developer or the lien claimant for the liens.

(3) The order under subsection (1) must provide that the claims of lien be removed

from the title to the strata lot.

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

(5) If the full amount of the holdback has not been paid into the court, the purchaser

must release the balance of the holdback to the owner developer.

Removal of liens and other charges

(1) 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.

(2) 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.

(3) 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.

(4) 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.

(5) The money paid into the court is security for the lien or other charge in place of

the strata lot.

Part 6 – Finances

Division 1 – Operating Fund and Contingency Reserve Fund

Strata corporation responsible for common expenses

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

Operating fund and contingency reserve fund

92 To meet its expenses the strata corporation must establish, and the owners must

contribute, by means of strata fees, to

(

a) an operating fund for common expenses that usually occur either once a

year or more often than once a year, and

(

b) 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

(1) Subject to the requirements under subsections (3) and (4), the strata corporation

may determine the amount of the annual contribution to the contingency reserve

fund.

(2) In subsections (3) and (4), "average yearly expenditure" means

(

a) the total amount of money, including budgeted amounts, special levies and

withdrawals from the contingency reserve fund, spent by the strata

corporation in the immediately preceding 3 fiscal years divided by 3,

(

b) if the strata corporation has existed for at least one year but less than 3 years,

the total amount of money spent by the strata corporation divided by the

number of months the strata corporation has existed, multiplied by 12, or

(

c) if the strata corporation has existed for less than one year, the total actual

expenses prorated over a one year period.

(3) If, at the end of any fiscal year after the first annual general meeting, the amount

of money in the contingency reserve fund is less than 25% of the average yearly

expenditure, the annual contribution to the contingency reserve fund must be at

least 10% of the total contribution to the operating fund for the current year.

(4) If the amount of money in the contingency reserve fund is equal to or more than

the average yearly expenditure, any additional contributions to the fund must be

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

meeting.

Depreciation report

(1) The strata corporation may prepare a depreciation report estimating the repair and

replacement cost for major items in the strata corporation and the expected life of

those items to assist it in determining the appropriate amount for the annual

contribution to the contingency reserve fund.

(2) A depreciation report may contain information based on the guidelines for depreciation

reports as set out in the regulations and may be in the prescribed form.

Management of contingency reserve fund

(1) The strata corporation must account for money in the contingency reserve fund

separately from other money of the strata corporation.

(2) 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:

(

a) those investments permitted to a trustee under

section 15 of the Trustee Act ;

(

b) insured accounts with savings institutions in British Columbia.

(3) Any interest or income earned on the money in the contingency reserve fund

becomes part of the fund.

Expenditures from contingency reserve fund

96 The strata corporation must not spend money from the contingency reserve fund

unless the expenditure is

(

a) consistent with the purposes of the fund as set out in

section 92 (b), and

(

b) first approved by a resolution passed by a 3/4 vote at an annual or special

general meeting, or authorized under

section 98.

Expenditures from operating fund

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

expenditure is

(

a) consistent with the purposes of the fund as set out in

section 92 (a), and

(

b) first approved by a resolution passed by a 3/4 vote at an annual or special

general meeting, or authorized

(

i) in the budget, or

(ii) under

section 98 or 104 (3).

Unapproved expenditures

(1) 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.

(2) 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,

(

a) less than the amount set out in the bylaws, or

(

b) 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.

(3) 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.

(4) 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.

(5) Any expenditure under subsection (3) must not exceed the minimum amount

needed to ensure safety or prevent significant loss or damage.

(6) The strata corporation must inform owners as soon as feasible about any

expenditure made under subsection (3).

Division 2 – Contribution to Expenses

Calculating strata fees

(1) 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.

(2) 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:

unit entitlement of strata lot

x total contribution

total unit entitlement of all strata lots

Change to basis for calculation of contribution

(1) 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.

(2) 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.

(3) 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

101 On the sale of a strata lot, the seller is not entitled to a return of contributions to the

contingency reserve fund.

Division 3 – Budgets

Change of fiscal year end

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

(

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

(2) 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

(1) 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.

(2) 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.

(3) The budget and financial statement

(

a) must contain the information required by the regulations, and

(

b) may be in the form set out in the regulations.

(4) 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

(1) 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.

(2) 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.

(3) Until a new budget is approved, the strata corporation may spend money out of

the operating fund only in accordance with

section 98 or

(

a) 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

(

b) up to the maximum amount set out in the previous budget for each category

of expense.

Budget surpluses

105 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

become part of the next fiscal year's operating fund, unless the strata corporation

determines otherwise by a resolution passed by a 3/4 vote at an annual or special

general meeting.

Informing owners of strata fees

106 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

(1) 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 his or her strata fees under that schedule.

(2) 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.

Division 4 – Special Levies and User Fees

Special levy

(1) The strata corporation may raise money from the owners by means of a special

levy.

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

(

a) in accordance with

section 99 or 100, 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

(

b) 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.

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

(

a) the purpose of the levy;

(

b) the total amount of the levy;

(

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

(

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

(

e) the date by which the levy is to be paid or, if the levy is payable in installments,

the dates by which the installments are to be paid.

(4) The strata corporation must

(

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

(

b) inform owners about the expenditure of the money collected.

(5) If the amount collected exceeds that required, or for any other reason is not fully

used for the purpose set out in the resolution, the strata corporation must return

the money to the owners in amounts proportional to their contributions.

(6) 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.

Payment of special levy when strata lot sold

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

(

a) the seller owes the strata corporation the portion of the levy that is payable

before the date the strata lot is conveyed, and

(

b) the purchaser owes the strata corporation the portion of the levy that is

payable on or after the date the strata lot is conveyed.

User fees

110 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.

Division 5 – Borrowing Powers of Strata Corporation

Strata corporation may borrow

(1) 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.

(2) 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) a mortgage of property, other than common property;

(

b) an assignment of unpaid strata fees or special levies;

(

c) a negotiable instrument.

Division 6 – Money Owing to Strata Corporation

Notice to owner or tenant of money owing to strata corporation

(1) Before suing or beginning arbitration to collect 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.

(2) 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

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

under

section 60, the strata corporation

(

a) 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

(

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

section 112.

Disputed debt

(1) 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

(

a) into court if court proceedings have been started and the Rules of Court

allow payment into court, or

(

b) to the strata corporation to hold in trust if the matter has been referred to

arbitration or if court proceedings have been started.

(2) 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.

(3) 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 court or arbitrator.

Certificate of Payment

(1) 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

(

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

(

b) the owner does owe money but

(

i) the money claimed by the strata corporation has been paid into court,

or to the strata corporation in trust, under

section 114, or

(ii) arrangements satisfactory to the strata corporation have been made to

pay the money owing.

(2) The certificate is current for the purposes of

section 256 for a period of 60 days

from the date it is issued.

(3) The strata corporation may charge a fee for the certificate, but the fee must not

exceed the amount set out in the regulations.

(4) In completing the certificate, the strata corporation may include money owing in

respect of

(

a) the matters set out in

section 116, and

(

b) 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.

(5) A certificate must not include claims of damages against an owner which have

not been determined by a court or by arbitration.

Certificate of Lien

(1) 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:

(

a) strata fees;

(

b) a special levy;

(

c) a reimbursement of the cost of work referred to in

section 85;

(

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

(

e) an amount payable by the owner as owner developer under

section 14 (4)

or (5), 17 (

b) or 20 (3).

(2) Subsection (1) does not apply if

(

a) the amount owing has, under

section 114, been paid into court or to the

strata corporation in trust,

(

b) arrangements satisfactory to the strata corporation have been made to pay

the money owing, or

(

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

(3) On registration the certificate creates a lien against the owner's strata lot in favour

of the strata corporation for the amount owing.

(4) The strata corporation's lien ranks in priority to every other lien or registered

charge except

(

a) to the extent that the strata corporation's lien is for a strata lot's share of a

judgment against the strata corporation,

(

b) if the other lien or charge is in favour of the Crown and is not a mortgage of

land, or

(

c) if the other lien or charge is made under the Builders

Lien Act .

(5) On receiving the amount owing, the strata corporation must within one week

remove the lien by registering in the land title office an Acknowledgment of

Payment in the prescribed form.

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

(1) 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.

(2) 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.

(3) If the strata corporation has not obtained a judgment for the amount owing, the

court may try the issue and may

(

a) 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

(

b) if judgment is entered against the owner, make an order for the sale of the

strata lot after considering all the circumstances.

(4) 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

118 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:

(

a) reasonable legal costs;

(

b) land title and court registry fees;

(

c) other reasonable disbursements.

Part 7 – Bylaws and Rules

Division 1 – General

Nature of bylaws

(1) The strata corporation must have bylaws.

(2) 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

(1) The bylaws of the strata corporation are the Standard Bylaws except to the extent

that different bylaws are filed in the land title office.

(2) On deposit of the strata plan an owner developer may file bylaws that differ from

the Standard Bylaws.

Unenforceable bylaws

(1) A bylaw is not enforceable to the extent that it

(

a) contravenes this Act, the regulations, the Human Rights Code or any other

enactment or law,

(

b) destroys or modifies an easement created under

section 69, or

(

c) 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.

(2) Subsection (1) (

c) does not apply to

(

a) a bylaw under

section 141 that prohibits or limits rentals,

(

b) a bylaw under

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

(

c) a bylaw restricting the age of persons who may reside in a strata lot.

Bylaws relating to sale of strata lot

122 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 and age bylaws

(1) A bylaw that prohibits a pet does not apply to a pet living with an owner, tenant

or occupant at the time the bylaw is passed and which continues to live there after

the bylaw is passed.

(2) A bylaw that restricts the age of persons who may reside in a strata lot does not

apply to a person who resides in the strata lot at the time the bylaw is passed and

who continues to reside there after the bylaw is passed.

Voluntary dispute resolution bylaw

(1) 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.

(2) A voluntary dispute resolution process in the bylaws must not

(

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

(

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

(3) 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 or

begin arbitration.

(4) 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 in any other proceeding.

Rules

(1) The strata corporation may make rules governing the use, safety and condition of

the common property and common assets.

(2) Section 121 (1) applies to rules.

(3) All rules, including those posted on signs, must be set out in a written document

that is capable of being photocopied.

(4) The strata corporation must inform owners of any new rules as soon as feasible.

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

(6) 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

(

a) at that annual general meeting, or

(

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

(7) 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.

Division 2 – Amending the Bylaws

Amendment of bylaws

126 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 first annual general meeting

(1) 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 first annual general meeting unless it is approved by a resolution passed by a

unanimous vote at a special general meeting.

(2) If all the strata lots in a strata plan are nonresidential, the bylaws may be

amended, in accordance with

section 128, at a special general meeting held

before the first annual general meeting.

(3) If a strata plan is composed of residential and nonresidential strata lots, no

amendment may be made to the bylaws before the first annual general meeting,

unless

(

a) it is approved by a resolution passed by a unanimous vote at a special

general meeting, or

(

b) separate residential and nonresidential sections are formed.

(4) If separate sections are formed,

(

a) the residential

section may not amend the bylaws before the first annual

general meeting unless the amendment is approved by a resolution passed

by a unanimous vote at a special general meeting of the section, and

(

b) the nonresidential

section may amend the bylaws, in accordance with

section 197, at a special general meeting of the

section held before the first

annual general meeting.

Bylaw amendment procedures

(1) Subject to

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

special general meeting,

(

a) in the case of a strata plan composed entirely of residential strata lots, by a

resolution passed by a 3/4 vote,

(

b) 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,

(

c) 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.

(2) An amendment to a bylaw has no effect unless an Amendment to Bylaws in the

prescribed form is filed in the land title office within 60 days of the amendment

being approved.

Division 3 – Enforcing the Bylaws and Rules

Enforcement options

(1) To enforce a bylaw or rule the strata corporation may do one or more of the

following:

(

a) impose a fine under

section 130;

(

b) remedy a contravention under

section 133;

(

c) deny access to a recreational facility under

section 134.

(2) 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

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

(

a) the owner,

(

b) 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

(

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

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

(

a) the tenant,

(

b) 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

(

c) 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

(1) 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.

(2) 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

(1) 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.

(2) The strata corporation may set out in its bylaws

(

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

(

b) the frequency at which fines may be imposed for a continuing contravention

of a bylaw or rule.

(3) 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

(1) The strata corporation may do what is reasonably necessary to remedy a contravention

of its bylaws or rules, including

(

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

and,

(

b) removing objects from the common property or common assets.

(2) 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

134 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

(1) The strata corporation must not

(

a) impose a fine against a person,

(

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

(

c) deny a person the use of a recreational facility

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

(

d) received a complaint about the contravention,

(

e) 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

(

f) if the person is a tenant, given notice of the complaint to the person's

landlord and to the owner.

(2) The strata corporation must promptly 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).

(3) 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

(1) 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.

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

Eviction by landlord

137 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 36 (1) of the

Residential Tenancy Act .

Eviction by strata corporation

(1) 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 36 (1) of the Residential Tenancy Act .

(2) An eviction under subsection (1) does not affect any rights of the landlord under

the tenancy agreement.

Part 8 – Rentals

Rental disclosure by owner developer

(1) An owner developer who rents or intends to rent one or more residential strata

lots must

(

a) file with the superintendent before the first residential strata lot is offered

for sale to a purchaser, or conveyed to a purchaser without being offered for

sale, a Rental Disclosure Statement in the prescribed form, and

(

b) give a copy of the statement to each prospective purchaser before the

prospective purchaser enters into an agreement to purchase.

(2) The owner developer may change the statement by changing the number of strata

lots to be rented or the rental period for the strata lots, or both, if the owner

developer

(

a) owns all the strata lots in the strata plan, or

(

b) obtains the prior approval of the change by a resolution passed by a 3/4 vote

at an annual or special general meeting.

(3) For the purposes of the 3/4 vote referred to in subsection (2), the following

persons are not eligible voters:

(

a) a person voting in respect of a nonresidential strata lot;

(

b) a person voting in respect of a residential strata lot which is currently rented;

(

c) the owner developer.

(4) An owner developer who changes a statement under subsection (2) must

immediately

(

a) file the changed statement with the superintendent,

(

b) give a copy of the changed statement to each purchaser who received a

previous version of the statement, and

(

c) give a copy of the changed statement to each prospective purchaser before

the