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Responsibilities | Strata Property
FAQs
Use the following links to access the appropriate section:
I. Frequently Asked Questions From Strata Lot Owners and Residents
NOTE For further information on any of the above topics, a strata lot owner may be referred to:
(a) the 28 Guides on our website, which provide basic informaton on the Strata Property Act and Regulations. The guides, and a table of contents listing their titles, are available on our website at 28 guides.;
(b) one of the strata lot owners’ associations listed on our website;
and
(c) a lawyer. If a strata lot owner does not have a lawyer, the British Columbia Branch of the
Canadian Bar Association (“CBA”) offers a Lawyer Referral Service, which is available by telephone
at 604-687-3221 or toll free in British Columbia at 1-800-663-1919.
In addition to the Lawyer Referral Service, the
CBA also offers Dial-A-Law, which is a library of scripts prepared by lawyers. These offer general information on a variety
of topics on law in British Columbia, but not legal advice. Dial-A-Law is a free service that is available in English, Chinese
and Punjabi by telephone and on the Internet. In the housing section, there are a variety of topics including: Buying a
Condominium, Townhouse or Strata Lot; Owning a Condominium; and Residential Tenancy. Information is available in either
text or audio format on the CBA website at: http://www.cba.org/BC/Public_Media/dal/housing.aspx.
II. Frequenty Asked Questions From Developers
NOTE For further information on any of the above topics, a developer may be referred to:
(a) the 28 Guides on our website, which provide basic informaton on the Strata Property Act and Regulations. The guides, and a table of contents listing their titles, are available on our website at 28 guides. In particular, a developer
may be interested in: Guide 2 (The Role and Responsibilities of Owner Developers);
(b) a lawyer. If a developer does not have a lawyer, the British Columbia Branch of the Canadian Bar
Association (“CBA”) offers a Lawyer Referral Service, which is available by telephone
at 604-687-3221 or toll free in British Columbia at 1-800-663-1919;and
(c) our Real Estate Department staff for questions about submitting a Rental Disclosure Statement
or a strata plan Schedule to our office.
I. Frequently Asked Questions From Strata Lot Owners and Residents
Q. What legislation governs strata/condominium matters?
A. The Strata Property Act and Regulations plays a major role. The Act, its Regulations and Forms are
available on the Queen’s Printer’s website at www.qplegaleze.ca. For
basic information
on the Strata Property Act and Regulations, please also refer to the 28 Guides on our website. Other legislation that
can impact strata corporations, strata councils, strata lot owners and tenants includes, but is not limited to: the Human
Rights Code, the Real Estate Services Act and the Residential Tenancy Act. As well, local government bylaws may impact
strata corporations and residents.
Q.New: What changes has government made
to the Strata Property Act?
A. Last year, the Strata Property Amendment Act, 2009 was enacted
to amend the Strata Property Act. The 28 Guides on our website have been updated to reflect the
amendments that have been brought into force and so are effective now. However, some of the amendments to
the Strata Property Act have not yet been brought into force. These amendments will be developed and
implemented in regulations, in consultation with the strata community. The regulations to be developed
include provisions relating to: alternate dispute resolution measures; audited financial statements; Form B (Information
Certificate); and depreciation reports.
Q. Who manages a strata development and the strata corporation?
A. The Strata Property Act and Regulations provide a framework for the creation
and operation of strata developments. The legislation provides for strata corporations to operate and make decisions based
on democratic principles. Under the Act, the strata lot owners elect a strata council that manages the development and the
strata corporation. Many strata corporations hire a strata manager to help the strata council perform certain tasks. In addition
to the strata council’s role, some strata governance decisions require either majority, ¾ or unanimous votes by the strata
lot owners. Strata corporations are also governed by any rules that they create, and by either the schedule of standard bylaws
or by amended bylaws. The Act gives a strata corporation the ability to pass its own bylaws to provide for the control,
management, maintenance, use and enjoyment of the strata lots, common property and common assets of the strata
corporation.
For more information please see: Guide
3 (The Role and Responsibilities of the Strata Corporation); Guide
4 (The Role and Responsibilities of the Strata Council); Guide
13 (How to Create or Amend Bylaws and Rules); Guide
14 (How to Enforce Bylaws and Rules); and Guide
24 (What to Know About Contracting with a Strata Manager) .
Q.Who enforces the Strata Property Act?
A. The Strata Property Act is self-governing legislation. It is the responsibility of the strata lot owners and other interested parties to administer and implement the provisions of the Act. If necessary, strata lot owners may also use a mediator, arbitrator or the courts.
For more information please see: Guide 25 (What to Know About Resolving Complaints); Guide 26 (Arbitration); and Guide 27 (Court Actions). Our office does not provide legal advice and does not play a role in enforcing the provisions of the Act.
Q. Must a strata manager be licensed?
A.Under the Real Estate Services Act, a strata manager must either be
licensed or exempt from the licensing requirement. The Real Estate Services Act is available on the Queen’s
Printer’s website at www.qplegaleze.ca .
Further information about licensing is available from the Real Estate Council of British Columbia. Please see the Council’s website at www.recbc.ca or contact the Council by telephone at 604-683-9664 or toll free in British Columbia at 1-877-683-9664.
Q.How can a strata lot owner make a complaint about a strata manager?
A.A complaint about a strata manager should be made to the strata council. Additionally, a complaint about a strata manager may be directed to the Real Estate Council of British Columbia by the strata council.
For more information please see the Real Estate Council's website at www.recbc.ca or contact the Real Estate Council by telephone at 604-683-9664 or
toll free in British Columbia at 1-877-683-9664.
Q. What rules govern the use of the strata lots and common property?
A. The strata bylaws govern the use of the strata lots and common property. Additionally, strata rules may be created to govern the use of common property. For more information, please see: Guide 13 (How to Create or Amend Bylaws and Rules) and Guide 14 (How to Enforce Bylaws and Rules).
Q.
Can common property be dedicated to specific strata lots?
A. Yes. A specific portion of the common property can be designated as limited common property for the use of only a specific strata lot or a group of strata lots. Short term exclusive use arrangements are also possible.
For more information please see: Guide 18 (What to Know About Limited Common Property and Short Term Exclusive Use Arrangements of Common Property) .
Q. Who determines the budget for a strata development?
A. The strata council prepares the annual budget, which must be approved by a majority
vote of the strata lot owners. For more information, please
see: Guide 10 (What to Know About Budgeting and the
Collection of Strata Fees).
Q. Who repairs strata property, and who pays the repair costs?
A. For more information please see: Guide 20 (Who is Responsible for Repairs); and Guide 11 (How to Apportion Expenses).
Q. How are major repairs or improvements funded?
A. The contingency reserve fund may be used for strata expenses that usually occur less often than once a year. A special levy may be used to raise further amounts.
For more information pleae see: Guide 12 (What to Know About Contingency Reserve Funds and Special Levies).
Q. Can I rent out my strata lot?
A. An owner’s ability to rent out his or her strata lot may be limited, or prohibited altogether, in amendments to the strata bylaws.
For more information please see: Guide 13 (How to Create or Amend Bylaws and Rules); and Guide 15 (Rentals Permitted within a Strata Corporation).
Q. Was a Rental Disclosure Statement filed for my development to help entrench rental rights?
A.Upon payment of the $38 fee, our Records department can confirm whether a Rental Disclosure Statement was filed for a particular development and provide a copy of any such filing. For more information on Rental Disclosure Statements please see Guide 15 (Rentals Permitted within a Strata Corporation).
Q. What are the rights and responsibilities of tenants and landlords of strata lots?
A. Please see: Guide 6 (The Role and Responsibilities of Tenants and Landlords).
Further information, and assistance in resolving disputes between tenants and landlords, may be obtained from the Residential Tenancy Branch through it's website at http://www.rto.gov.bc.ca. You may also contact the Residential Tenancy Brach: by telephone at 604-660-1020 (lower mainland), 250-387-1602 (Victoria) and 1800-665-8779 (toll free in British Columbia); by e-mail at HSRTO@gov.bc.ca; or by visiting any of the office locations listed at http://www.rto.gov.bc.ca/content/contactus/default.aspx.
Q. Can strata lot owners keep pets?
A. An owner’s ability to keep a pet in his or her strata lot, or allow that pet on the common property, is limited in the schedule of standard strata bylaws. Additionally, pets may be further limited, or prohibited altogether, in amendments to the standard strata bylaws.
For more information please see: Guide 13 (How to Create or Amend Bylaws and Rules); and Guide 17 (What to Know About Pet Bylaws).
Q. What happens at Strata meetings?
A. For more information please see: Guide 7 (How to Prepare for an Annual General Meeting ); and Guide 8 (How to Conduct an Annual General Meeting).
Q. What information can a strata lot owner obtain about strata matters at his or her development?
A. For more information please see: Guide 21 (What to Know About Record Keeping); Guide 22 (Certificates of Payment); and Guide 23 (Information Certificates).
II. Frequently Asked Questions From Developers
Q. What obligations do developers have to strata owners when creating a strata development?
A. For more information please see Guide 2 (The Role and Responsibilities of Owner Developers).
Q. Where does a developer file a Rental Disclosure Statement to disclose and help entrench rental rights?
A. A developer who intends to rent out residential strata lots must file a Rental Disclosure Statement with our office before the first strata lot is offered for sale or sold. Please see the Strata Property Act, section 139. Additionally, please see Guide 15 (Rentals Permitted within a Strata Corporation).
Q. What is the fee for filing a Rental Disclosure Statement?
A. The fee for filing a Rental Disclosure Statement is $150. Cheques should be made payable to the Minister of Finance. Please see our Bulletin SPA-03-001.
Q. Must a developer obtain our approval for any Schedules in respect of a strata plan that it wishes to register at the Land Title Office?
A. Our approval is required for some Schedules that are to be registered at the Land Title Office with a strata plan. In particular, the Superintendent of Real Estate’s approval is required for three types of Schedules in the following circumstances.
Schedule of Unit Entitlement (i.e., Form “V” under the current Strata Property Act and Form 1 under the old Condominium Act). The Superintendent’s approval is required:
- if the development contains both residential and non-residential strata lots (see the Strata Property Act, section 246(5));
- if the unit entitlement is based on something other than the habitable area or a whole number that is the same for each strata lot (see the Strata Property Act, sections 246(3)(a)(iii), 246(3)(b)(iii), and 246(6)(b));
- if the unit entitlement will change as a result of a strata plan amendment (see the Strata Property Act, section 264(6)(a)); or
- if the strata plan is phased and the strata plan for the first phase was registered under the old Condominium Act (see the Strata Property Regulation, section 17.17).
Schedule of Voting Rights (i.e., Form “W” under the current Strata Property Act and Form 3 under the old Condominium Act). The Superintendent’s approval is required:
- if the development contains at least one non-residential strata lot and the voting rights are based on a unique formula (see the Strata Property Act, section 248);
- if the voting rights will change as a result of a strata plan amendment (see the Strata Property Act, section 264(6)(b)); or
- if the strata plan is phased and the strata plan for the first phase was registered under the old Condominium Act (see the Strata Property Regulation, section 17.17).
Schedule of Interest on Destruction (i.e., Form 2 under the old Condominium Act). The Superintendent’s approval is required:
- if the strata plan is phased and the strata plan for the first phase was registered under the old Condominium Act (see the Strata Property Regulation, section 17.17).
Q. What is our fee for approving a Schedule of Unit Entitlement, a Schedule of Voting Rights, or a Schedule of Interest on Destruction?
A. Our fee is $200 for each Schedule. Cheques should be made payable to the Minister of Finance. Please see our Bulletin SPA-03-001.
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