Difference between revisions of "Owning a Condominium"

From Clicklaw Wikibooks
Jump to navigation Jump to search
Line 2: Line 2:


{{Dial-A-Law TOC|expanded = housing}}
{{Dial-A-Law TOC|expanded = housing}}
Owning a condominium isn’t the same as owning a house. In many ways, it’s more complex. Learn the legal framework involved, and common questions for those who own a condo.


This script explains several details about owning a condominium (or condo). For information on buying a condo, check script [[Buying a Condominium (Script 407)|407]], called “Buying a Condominium”.
==Understand the legal framework==


==What is a condominium?==
===In BC, a condominium is called a “strata”===
A condominium, or condo, is a strata lot in a strata development. A strata development is a building (or sometimes land) divided into separate parts, called '''strata lots'''. This allows for individual ownership of the strata lot. And all strata lot owners together own the common property in a development. Depending on the development, a strata lot may be a one-bedroom apartment, a townhouse, a retail store, a medical office, and so on. In a typical high-rise strata building, each unit is a separate strata lot. In this example, the strata scheme allows people or businesses to own their unit.  
The term '''condominium''' means a building or complex of buildings containing a number of individually owned units or houses. In British Columbia, the term is used informally. But the legal term for a condominium in BC is '''strata'''. In strata housing, the owners own their individual '''strata lots''' and together own the common property as a '''strata corporation'''.


The words '''strata''' and '''condominium''' mean the same thing in British Columbia.  
In a typical high-rise strata building, each unit is a separate strata lot. But strata housing is more than just high-rise condos. Depending on the development, a strata lot may be an apartment, a half-duplex, a townhouse, a retail store — even a single-family home in what’s called a “strata subdivision”.  


It’s not the size or shape of a development that makes it a condominium project. Instead, it’s the legal nature of it. If the development is legally created by a strata plan, it’s a condo project—whether it’s a 300-unit high-rise apartment, a 50-lot bare land strata recreational development, or a 2-unit strata duplex.
It’s not the size or shape of a development that makes it a strata. Instead, it’s the legal structure used. If a development is legally created by a '''strata plan''', it’s a strata — whether it’s a 300-unit high-rise apartment or a two-unit strata duplex.  


==Common property and limited common property (LCP)==
===Property that is not part of a strata lot is “common property”===
Any property in the development that is not part of a strata lot is '''common property'''. In a condominium building, typical common property includes hallways, elevators, gardens, recreational amenities, garbage facilities, building security features, the roof, and exterior walls. In addition, some pipes, wires, cables and similar things that carry water and other services within the development may also be common property—even when they’re located in a strata lot. The strata corporation may make bylaws and rules to govern the use, safety and condition of the common property and common assets.
Any part of the land and buildings shown on a strata plan that is not part of a strata lot is '''common property'''. Typical common property includes hallways, elevators, gardens, recreational amenities, garbage facilities, the roof, and exterior walls. In addition, some pipes, wires, cables and similar things that carry water and other services within the development may also be common property — even when they’re located in a strata lot.  


Strata lot owners automatically own a proportionate interest in the common property, together with all the other strata lot owners in the development. Under the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/98043_00 Strata Property Act]'', strata lot owners own the common property in a type of co-ownership called tenancy in common. Each owner’s proportionate interest in the common property is set out in a table called the [http://www.bclaws.ca/Recon/document/ID/freeside/12_43_2000#FormVScheduleofUnitEntitlement Schedule of Unit Entitlement (also called a Form V)]. Every owner can use the common property; they have to follow the bylaws and rules of the strata development. For example, an owner may not use the common property or common assets in a way that causes a hazard to another person or is illegal.
====Strata lot owners own common property together====
Strata lot owners automatically own a proportionate interest in the common property, together with the other strata lot owners in the development. Under the '[http://canlii.ca/t/84jr Strata Property Act]'', strata lot owners own the common property in a type of co-ownership called '''tenancy-in-common'''. Each owner’s proportionate interest in the common property is set out in a '''schedule of unit entitlement''' that is filed with the strata plan in the Land Title Office.  


Sometimes, common property may be set aside for the use of only certain people. The ''Strata Property Act'' allows a strata development to designate an area of common property for the exclusive use of one or more strata lots. This designation is called '''limited common property''' (or LCP). For example, in a high-rise strata apartment building, the strata plan may show that a strata lot’s balcony is LCP for that strata lot. This means that the balcony is common property, owned by all the strata lot owners as tenants in common. But the balcony is only for the use of that strata lot owner. An owner must allow the strata corporation reasonable access to common property (including limited common property) if it’s accessible only through the owner’s strata lot (for instance, a common property balcony). Typically, the strata bylaws set the procedure the strata corporation must follow to access common property through an owner’s strata lot and make repairs.
The strata corporation may make '''bylaws''' and '''rules''' to govern the use, safety and condition of the common property. Every owner can use the common property. They have to follow the bylaws and rules setting out how they can use it.


==How a strata plan is created==
====Limited common property====
To subdivide a building or land into strata lots and common property, a developer must file a document called a '''strata plan''' at the Land Title Office. Filing the strata plan also creates the '''strata corporation''', whose members own the strata lots in the plan. Initially, the developer owns all the strata lots, but usually sells them to members of the public and other third parties.
Sometimes, common property may be set aside for the use of only certain people. A strata can designate an area of common property for the exclusive use of one or more strata lots. This designation is called '''limited common property'''. For example, in a high-rise condo building, the strata plan may show that a strata lot’s balcony is limited common property for that strata lot. This means the balcony is common property, owned by all the strata lot owners as tenants-in-common. But the balcony is only for the use of that strata lot owner.  


==Subdividing land instead of a building==
An owner must allow the strata corporation reasonable access to common property (including limited common property) if it’s accessible only through the owner’s strata lot (for instance, a common property balcony). Typically, the strata bylaws set the procedure the strata corporation must follow to access common property through an owner’s strata lot and make repairs.
The strata scheme may also subdivide land (instead of a building) into strata lots and common property. This is called a '''bare land strata development''' because it subdivided land instead of a building. Bare land strata subdivision is a very flexible tool. For example, a developer may create a recreational development where people build cottages on bare land strata lots. All the owners may use the common property in the project, including the roads, and recreational features such as hiking trails, tennis courts, and fitness facilities. Or, a developer may use a bare land strata development to create an industrial park or a manufactured home park or other similar developments.  
===A strata corporation governs the strata===
When a strata plan is registered in the Land Title Office, it establishes a '''strata corporation'''. The owners of the strata lots in the strata plan are members of the strata corporation. The board of directors is called the '''strata council'''.


==What is a strata corporation and what does it do?==
The strata corporation enforces the bylaws of the strata. The strata corporation manages and maintains the common property and common assets. When a strata corporation itself owns an item (for example, a lawn mower), that item is a '''common asset'''.
A '''strata corporation''' is a corporation that is automatically created when a developer files a strata plan at the Land Title Office. The strata corporation may buy services or goods, and sue or be sued. Also, the strata corporation oversees the common property and enforces the bylaws. The owners of the strata lots are the members of the strata corporation. The board of directors is called the strata council.


Only a strata corporation can sue third parties for defects in, and damage to, common property. Individual unit owners cannot sue anyone apart from the strata corporation, for problems with common property.
The strata corporation may buy services or goods, and sue or be sued. In fact, only a strata corporation can sue third parties for defects in or damage to common property.


The strata corporation must manage, repair, and maintain the common property and common assets. When a strata corporation itself owns an item, for example, a lawn mower, that item is a '''common asset'''.
Under [https://www.canlii.org/en/bc/laws/stat/sbc-1998-c-43/latest/sbc-1998-c-43.html#sec40_smooth BC law], there are detailed requirements for meetings of the strata corporation. The strata corporation must hold at least one general meeting once a year, called the '''annual general meeting''' or AGM. At the AGM, members must approve an annual budget and elect a strata council, among other things. The strata corporation must also keep certain records, such as financial records and correspondence, and make them available to owners and tenants on request.


There are detailed requirements for waiver of meetings, notice of meetings, agenda and resolutions at meetings, electronic attendance and voting. The strata corporation must hold at least one general meeting once a year, called the annual general meeting or AGM. At the AGM, members must approve an annual budget and elect a strata council, among other things. The strata corporation must also keep certain records, such as financial records and correspondence, and make them available to owners and tenants on request.
===A strata council manages the strata===
A '''strata council''' is an elected group of strata lot owners. It is the board of directors of the strata corporation. The strata council manages the corporation on a daily basis. In larger developments, the strata council may hire a professional management company to help manage the corporation.


==What is a strata council and what does it do?==
Depending on a strata corporation’s bylaws, the strata council usually has three to seven members. In some stratas, the tenants or spouses of strata lot owners can serve as council members.
A strata council is an elected group of strata lot owners or, in some cases, their spouses or tenants. It is the board of directors of the strata corporation. The strata council manages the corporation on a daily basis. In larger developments, the strata council may hire a professional management company to help manage the corporation.


Depending on a strata corporation’s bylaws, the strata council usually has 3 to 7 members. The term of council members ends at the end of the annual general meeting where the new council is elected, but a council member is eligible for re-election. The council members may be removed from office by a resolution passed by a majority vote at a meeting of owners.
====Strata council meetings====
A strata council should meet at least once every year. The strata corporation’s bylaws set out how council meetings are called. At council meetings, members decide how to govern the strata corporation, including:
*preparing the budget for the strata corporation and paying strata corporation bills
*arranging insurance for the strata corporation
*enforcing the bylaws and rules of the strata corporation, including fining owners for breaches
*handling owner complaints about bylaw breaches or items that require repair or maintenance
*approving strata lot and common property alterations
*managing the common property


==Strata council meetings==
====Strata council minutes====
A strata council should meet at least once every year. The strata corporation’s bylaws set out how council meetings are called. At council meetings, members decide how to govern the strata corporation, including:
At each strata council meeting, '''minutes''' are prepared to record the decisions made at the meeting. There is no required form for minutes, but they should record all council decisions and include details such as who was at the meeting and the business attended to at the meeting. For example, if the council received a bylaw complaint, the minutes should record the council’s decision on how to handle the complaint, such as by sending a notice to the offending owner. Minutes do not need to include the discussions that lead to the council decisions.
*Preparing the budget for the strata corporation and paying strata corporation bills
*Arranging insurance for the strata corporation
*Enforcing the bylaws and rules of the strata corporation, including fining owners for breaches
*Handling owner complaints about bylaw breaches or items that require repair or maintenance
*Approving strata lot and common property alterations
*Managing the common property


At each council meeting, minutes are prepared to record the decisions made at the meeting.  
If sensitive topics are discussed at a council meeting, the council should hold a private or closed meeting (called '''in camera''') for that topic. All observers must leave the meeting for that session. And only the result of the discussion is recorded in the minutes. 
===The strata corporation must keep certain records===
The ''[https://www.canlii.org/en/bc/laws/stat/sbc-1998-c-43/latest/sbc-1998-c-43.html#sec35_smooth Strata Property Act]'' lists the records a strata corporation must keep. A [https://www.canlii.org/en/bc/laws/regu/bc-reg-43-2000/latest/bc-reg-43-2000.html#sec4.1_smooth regulation]  sets out how long the records must be kept.


==Strata council minutes==
Records that must be kept and '''updated''' include:
Strata council minutes summarize the strata council’s decisions during the strata council meeting. There is no required form for minutes, but they should record all council decisions and include:
*a list of council members  
#The date of the meeting
*a list of owners, with their strata lot addresses, parking stall and storage locker numbers, and unit entitlements
#The time the meeting started
*the names of any tenants
#The names of council members attending
*books of account showing money received and spent, and why
#If any observers attend the meeting, their names
*the bylaws and rules of the strata corporation
#A list of all business attended to at the meeting, which can include:
#:*Receipt of, and response to, owner or occupant correspondence
#:*Repair and maintenance issues and council’s decision on how to resolve them
#:*The amount of any expense and its purpose
#:*Whether any bylaw complaints were received and council’s decision how to handle them (for example, sending a notice to the offending owner)
#:*Any other item that council votes on or decides on
#The next proposed meeting date, if any
#The time the meeting ended


Minutes do not need to include the discussions that lead to the council decisions. They should be concise, with only the required personal information.
The strata corporation must also keep certain documents for at least '''six years'''. For example:
*minutes of all annual and special general meetings, including the results of any votes
*the annual budget and financial statement 
*bank statements, cancelled cheques and certificates of deposit
*information certificates issued


If sensitive topics are discussed at a council meeting, the council should hold a private or closed meeting (called, in camera) for that topic. All observers must leave the meeting for that session. And only the result of the discussion is recorded in the minutes. The names of the people involved should not be included, only strata lot numbers or unit numbers.
Some records must be kept '''permanently''', such as:
*resolutions that deal with changes to common property, including the designation of limited common property
*any decision of an arbitrator or judge in a proceeding in which the strata corporation was a party
*any legal opinions obtained by the strata corporation
*any depreciation reports obtained by the strata corporation 


Private or closed meetings can be used when the council is considering whether an owner has breached a bylaw, whether fines should be levied, when legal action is discussed, when hardship applications are considered, when human rights code accommodations are considered, and for other sensitive topics. For more information on restrictions for council minutes, see the [https://www.oipc.bc.ca/ Office of the Information & Privacy Commissioner for British Columbia]’s [https://www.oipc.bc.ca/guidance-documents/1455 Privacy Guidelines for Strata Corporations and Strata Agents].
Any correspondence sent or received by the strata corporation or its council must be kept for at least '''two years'''.


==Records that strata corporations must keep==
====Where strata records are kept====
[http://www.bclaws.ca/Recon/document/ID/freeside/98043_04#section35 Section 35] of the ''Strata Property Act'' lists the documents and records a strata corporation must keep. [http://www.bclaws.ca/civix/document/id/complete/statreg/12_43_2000#section4.1 Section 4.1] of the Regulation set out how long the records and documents must be kept.  
The law does not say where strata records must be kept. If the strata has a strata manager, it typically keeps the records at its office or place of business.


The following records must be kept up to date:
If the strata does not have a strata manager, the strata council must arrange to keep the required records where they can be inspected and copied by those with a right to inspect and copy the records.
#a list of council members, including either a phone number or other method to contact council members on short notice (as long as the method is not prohibited in the bylaws)
#a list of owners, with their strata lot addresses, mailing addresses if different, strata lot numbers as shown on the strata plan, parking stall and storage locker numbers, and unit entitlements
#the names and addresses of mortgagees who have filed a “Form C: Mortgagee's Request for Notification”
#the names of tenants, and any assignments of voting or other rights by landlords to tenants
#books of account showing money received and spent and the reason for the receipt or expenditure
#the Strata Property Act and the regulations
#the bylaws and rules of the strata corporation


The strata corporation must also keep copies of all the following documents for at least 6 years:
====Who has access to strata records====
#Minutes of all annual and special general meetings, including the results of any votes
All owners have the right to inspect and receive copies of the strata records. If an owner has assigned their ownership rights to their tenant, the tenant also has the right to inspect and copy the strata records. The owner or the qualified tenant can also authorize, in writing, someone to inspect and copy the records for them.
#Books of account showing money received and spent and the reason for the receipt or expenditure
#waivers of general meetings, waivers of notice to general meetings, and written consents for resolutions of those meetings
#the budget and financial statement for the current year and for previous years
#income tax returns, if any
#bank statements, cancelled cheques and certificates of deposit
#information Certificates issued under section 59
#the financial records obtained from the Owner Developer


Some records must be kept permanently:
===The strata corporation can charge strata fees===
#resolutions that deal with changes to common property, including the designation of limited common property
Each year, a strata corporation creates an annual budget. To pay for expenses, the corporation charges proportionate '''strata fees''' to each strata lot owner based on the schedule of unit entitlement.
#any decision of an arbitrator or judge in a proceeding in which the strata corporation was a party
#any legal opinions obtained by the strata corporation
#any depreciation reports obtained by the strata corporation under section 94
#any repair and maintenance reports obtained by the strata corporation on repair or maintenance of major items in the strata corporation, unless the item has been disposed of or replaced


Some documents from the Owner Developer must be kept permanently. Sections [http://www.bclaws.ca/Recon/document/ID/freeside/98043_03#section20 20] and [http://www.bclaws.ca/Recon/document/ID/freeside/98043_03#section23 23] of the ''Strata Property Act'' list them.
To set aside savings for repairs or long-term improvements in the development (for example, a new roof) the strata fees typically include an amount for the '''contingency reserve fund'''. This is a strata corporation’s mandatory savings account to pay for unusual or extraordinary future expenses. Expenditures out of the reserve fund must be authorized by resolution except in emergencies.


Lastly, any correspondence sent or received by the strata corporation or its council must be kept for at least 2 years.  
A strata corporation may also raise funds at any time by passing a '''special levy''' if at least three-quarters of the owners approve it at a general meeting. If a special levy passes, each owner must pay a proportionate share of it.


==Where are strata records kept?==
If an owner does not pay monthly strata fees or special levies on time, the strata corporation may register a '''lien''' in the Land Title Office against their strata lot. Ultimately, the strata corporation may ask the court for an order to sell the owner’s strata lot to pay the amount owing under the lien.
The Act does not say where strata records must be kept. If the strata has a strata manager, it typically keeps the records at its office or place or business.  


If the strata does not have a strata manager, the strata council must arrange to keep the required strata documents where they can be inspected and copied by those with a right to inspect and copy the records.  
===The law and rules that apply to stratas===
In BC, the ''[http://canlii.ca/t/84jr Strata Property Act]'' is the main law governing stratas. In addition, each strata corporation must have '''bylaws'''. They set out strata lot owners’ rights and responsibilities, and control what the place will be like to live in. For example, bylaws may restrict the rental of strata lots. Bylaws may also restrict pets and certain age groups, such as children. In most stratas, the bylaws require strata lot owners to get permission before making significant changes to their strata lot, such as moving walls or making plumbing or electrical changes.


==Who has access to strata records?==
A strata corporation may also have '''rules'''. Rules apply only to the use and enjoyment of common property and common assets. For example, a rule may limit the size of vehicles that may park in a common-property parkade, or restrict the hours when residents can use a common-property fitness centre.
All owners have the right to inspect and receive copies of the strata records. If an owner has assigned their ownership rights to their tenant under section 147 or 148 of the Act, the tenant also has the right to inspect and copy the strata records. The owner or the qualified tenant can also authorize, in writing, someone to inspect and copy the records for them.  


If the strata council receives a request to inspect or receive copies of strata records, it must provide access or copies within 2 weeks of the request. This applies '''only''' to strata records. Bylaw requests must be provided within 1 week.  
A strata corporation may change its bylaws by a 75% vote of the owners at a general meeting.  


The strata council can charge up to $0.25/page for copies of strata records and require payment before it provides the copies.  
A strata council may pass rules at any time, but any new rules must be ratified by a majority of the owners before or at the next AGM, otherwise they cease to be effective.


==Who is an owner?==
==Common questions==
The ''Strata Property Act'' defines the term '''owner'''. Generally, an owner is the person registered on title to the strata lot in the Land Title Office. For example, if a husband and wife together buy a strata lot, but only the wife goes on title at the Land Title Office, then only she is an owner under the Act.


==Strata fees and special levies==
===Can I rent out my condo unit?===
Each year, a strata corporation creates an annual budget. To pay for expenses, the corporation charges proportionate strata fees to each strata lot owner based on the Schedule of Unit Entitlement. To set aside savings for repairs or long-term improvements in the development (for example, a new roof) the strata fees typically include an amount for the contingency reserve fund (the CRF). This is a strata corporation’s mandatory savings account to pay for unusual or extraordinary future expenses. Expenditures out of the reserve fund must be authorized by resolution except in emergencies.
Some stratas have a rental restriction bylaw. A strata corporation may pass a bylaw that prohibits all residential rentals or limits the number or percentage of residential rentals.  


A strata corporation may also raise funds at any time by passing a special levy if at least ¾ of the owners approve it at a general meeting. If a special levy passes, each owner must pay a proportionate share of it.  
Sometimes a document called a '''rental disclosure statement''' may let an owner rent a residential strata lot despite a rental restriction bylaw. If you plan to rely on a rental disclosure statement, have a lawyer review the document. In some cases, it exempts only the first owner of the strata lot from a rental restriction bylaw.


If an owner does not pay monthly strata fees or special levies on time, the strata corporation may register a lien in the Land Title Office against their strata lot. Ultimately, the strata corporation may ask the court for an order to sell the owner’s strata lot to pay the amount owing under the lien.
In some cases, an owner can apply to their strata council for an '''exemption''' from a rental restriction bylaw, if the bylaw causes them hardship. For example, if an owner gets transferred to another city for work and cannot afford to maintain two residences and doesn’t want to sell their strata lot, they can apply for an exemption. If the strata council gives them the exemption, the owner can rent their strata lot out without breaching the bylaw.


==Insurance==
If you do rent out your unit, choose your tenant carefully. The strata corporation can hold you responsible if your tenant breaks a bylaw or rule.
The strata corporation must insure the common property, common assets, any buildings shown on the strata plan and certain fixtures within the strata lot. The strata corporation must also carry liability insurance for property damage and bodily injury.


Strata lot owners need their own insurance for their personal property, for improvements to their strata lot, and liability to others for injury.  Owners should also consider taking out extra insurance to cover the strata corporation’s deductibles, which can be large. It is not uncommon that a strata’s deductible for water damage is $25,000.00 or higher.
===Can the strata corporation require strata unit owners to pay for certain repairs?===
Yes. Strata corporations may impose a special fee (called a '''levy''') to raise money for certain critical repairs to common property. A resolution for a special levy must be developed and submitted for approval at a general meeting by a 3/4 vote.  


==What law applies to condominiums?==
If the special levy is for repairs that are necessary to ensure safety or prevent significant damage to property, and the resolution receives at least majority support, the strata corporation can apply to court to order the special levy approved.
The ''[http://www.bclaws.ca/Recon/document/ID/freeside/98043_00 Strata Property Act]'' controls strata developments in BC. In addition, each strata corporation must have '''bylaws'''. They set out strata lot owners’ rights and responsibilities and control what the place will be like to live in. For example, bylaws may restrict the rental of residential strata lots. Bylaws may also restrict pets and certain age groups, such as children. Similarly, bylaws will likely require strata lot owners to get permission before making significant changes to their strata lot, such as moving walls or making plumbing or electrical changes.  


A strata corporation may also have '''rules'''. Rules apply only to the use and enjoyment of common property and common assets. For example, a rule may limit the size of vehicles that may park in a common-property parkade, or restrict the hours when residents can use a common-property fitness centre.  
===Does a strata corporation need insurance?===
Yes. Under [https://www.canlii.org/en/bc/laws/stat/sbc-1998-c-43/latest/sbc-1998-c-43.html#sec149_smooth the law], the strata corporation must insure the common property, common assets, buildings shown on the strata plan, and certain fixtures within the strata lot. The strata corporation must also carry liability insurance for property damage and bodily injury.


A strata corporation may change its bylaws by a 75% vote of the owners at a general meeting. When a bylaw is made, amended or repealed, the strata corporation must register a copy of the bylaw, amendment or repeal together with a certificate in the Land Title Office (check script [[Buying a Condominium (Script 407)|407]], called “Buying a Condominium”). Until the copy and certificate are registered, the bylaw is ineffective.  A strata council may pass rules at any time, but any new rules must be ratified by a majority of the owners before or at the next AGM, otherwise they cease to be effective.
Strata lot owners need their own insurance for their personal property, for improvements to their strata lot, and liability to others for injury. Owners should also consider taking out extra insurance to cover the strata corporation’s deductibles, which can be large. It is not uncommon that a strata’s deductible for water damage is $25,000 or higher.


==Renting out a condominium==
===I’m in a dispute with my strata. What options do I have to resolve it?===
If you plan to live in your strata, you may want the other owners to live in their units too. If so, you may want a strata corporation with a rental-restriction bylaw. But if you are buying a residential strata lot as an investment to rent out, you will not want any rental restrictions. A strata corporation may pass a bylaw that prohibits all residential rentals or limits the number or percentage of residential rentals, so check the bylaws carefully. If you do rent out your residential unit, choose your tenant carefully. The strata corporation can hold you responsible if your tenant breaks a bylaw or rule.
Strata disputes can be resolved within the strata corporation or by using systems set up to resolve strata disputes. The BC government strata housing website explains a number of options for [https://www2.gov.bc.ca/gov/content/housing-tenancy/strata-housing/resolving-disputes/resolving-disputes-within-the-strata#informal informal meetings] with the property manager or strata council.


Depending on the legal situation, an owner may be allowed to rent their residential strata lot, despite a rental restriction bylaw. For example, sometimes a document called a rental disclosure statement (Form J) may let an owner rent a residential strata lot despite a rental restriction bylaw. If you plan to rely on a rental disclosure statement to rent out a residential strata lot, first have a lawyer review the document. In some cases, a rental disclosure statement exempts only the first owner of the strata lot from a rental restriction bylaw.
Alternatively, strata owners, residents, and strata council members may use the '''Civil Resolution Tribunal''' (CRT) to resolve many strata disputes. This is an online tribunal that encourages a collaborative approach to resolving disputes. See the CRT website at [https://civilresolutionbc.ca civilresolutionbc.ca].


In some cases, an owner can apply to their strata council for an exemption from a rental restriction bylaw if the bylaw causes them hardship. For example, if an owner gets transferred to another city for work and cannot afford to maintain two residences and doesn’t want to sell their strata lot, they can apply for an exemption. If the strata council gives them the exemption, the owner can rent their strata lot out without breaching the bylaw.
==Get help==


==Can strata corporations require strata owners to pay for certain repairs?==
===With more Information===
Yes, if repairs are necessary to ensure safety or prevent significant damage to property, the strata corporation can apply to the BC Supreme Court to require strata owners to pay for the repairs if a resolution to that effect passed by a 50% + 1 vote of owners present in person or by proxy at an annual or special general meeting. For example, strata corporations may impose a special fee (called a levy) to raise money for certain critical repairs to common property.  
The '''BC government'''’s strata housing website has extensive information for strata owners and strata council members. 
:Web: [http://www.gov.bc.ca/strata gov.bc.ca/strata]


Spending from the contingency reserve fund that is not in this category requires a 75% vote of owners present in person or by proxy at an annual or special general meeting.
The '''Condominium Home Owners Association of BC''' promotes the understanding of strata property living and the interests of strata property owners.  
:Web: [http://www.choa.bc.ca/ choa.bc.ca]


==Resolving disputes==
The '''Office of the Information & Privacy Commissioner for British Columbia'''’s website includes privacy guidelines for stratas.
There are specific systems and entities set up to solve strata disputes. They range from [https://www2.gov.bc.ca/gov/content/housing-tenancy/strata-housing/resolving-disputes/resolving-disputes-within-the-strata#informal informal meetings] with the property manager and strata council to [http://www2.gov.bc.ca/gov/content/housing-tenancy/strata-housing/resolving-disputes/the-civil-resolution-tribunal formal processes] involving the [http://www2.gov.bc.ca/gov/content/housing-tenancy/strata-housing/resolving-disputes/the-civil-resolution-tribunal Civil Resolution Tribunal], court, and [https://www2.gov.bc.ca/gov/content/housing-tenancy/strata-housing/resolving-disputes/arbitration arbitration]. The BC government [http://www2.gov.bc.ca/gov/content/housing-tenancy/strata-housing/resolving-disputes strata housing website explains this topic].
:Web: [https://www.oipc.bc.ca/guidance-documents/1455 oipc.bc.ca]


==More information==
*Check script [[Buying a Condominium (Script 407)|407]], called “Buying a Condominium”.
*Check the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/98043_00 Strata Property Act]''.
*Study the bylaws and rules for any condo project you are interested in.
*The BC Government’s [http://www.gov.bc.ca/strata strata housing website] has information for strata owners, strata residents and strata council members. This website provides basic information on: [http://www2.gov.bc.ca/gov/topic.page?id=4E77455DEFAB4D1DA118FEA737C6300F living in a strata], [http://www2.gov.bc.ca/gov/topic.page?id=4898D88A4F8649F59F7C84D9C496873E different kinds of strata], [http://www2.gov.bc.ca/gov/topic.page?id=5E860FC0848E48E98DFB08D0FBE3FC30 operating a strata] (roles and responsibilities, meetings and voting, bylaws & rules, finances & insurance, repairs & maintenance including depreciation reports) [http://www2.gov.bc.ca/gov/content/housing-tenancy/strata-housing/resolving-disputes/the-civil-resolution-tribunal resolving strata disputes], [http://www2.gov.bc.ca/gov/content/housing-tenancy/strata-housing/renting-buying-selling renting, buying and selling a strata], the [https://www2.gov.bc.ca/gov/content/housing-tenancy/strata-housing/more-help-and-support/website-purpose?keyword=role&keyword=of&keyword=government&keyword=in&keyword=strata&keyword=housing#role purpose of the government’s strata housing website], including the role of government, [http://www2.gov.bc.ca/gov/topic.page?id=E9C78FD1A3C24148A8D6AE83A8CBF883 strata legislation], [http://www2.gov.bc.ca/gov/content/housing-tenancy/strata-housing/legislation-and-changes/changes-to-legislation changes to strata legislation], and additional [http://www2.gov.bc.ca/gov/content/housing-tenancy/strata-housing/more-help-and-support help and support].
*Check the Condominium Home Owners Association of BC [http://www.choa.bc.ca/ website].
*Check the Vancouver Island Strata Owners Association (VISOA) [http://www.visoa.bc.ca website].
*Check the Canadian Condominium Institute, Vancouver chapter, [http://www.ccivancouver.ca/ website].
*''[http://www.condomanual.ca/ The Condominium Manual]'' by Mike Mangan is available online and at public libraries. It is a comprehensive guide to strata law in British Columbia.




[updated July 2018]
[updated July 2018]


'''The above was last reviewed for accuracy by Lisa Frey and Taeya Fitzpatrick, and edited by John Blois.'''
'''The above was last reviewed for legal accuracy by [https://www.lawsonlundell.com/team-Lisa-Frey Lisa Frey], Lawson Lundell LLP and [http://sabeyrule.ca/taeya-fitzpatrick/ Taeya Fitzpatrick], Sabey Rule.'''


----
----
----
----


{{Dial-A-Law Copyright}}
{{Dial-A-Law Copyright}}


{{Dial-A-Law_Navbox|type=housing}}
{{Dial-A-Law_Navbox|type=housing}}

Revision as of 05:53, 5 March 2019

Dial-A-Law features free information on the law in British Columbia in over 130 topic areas. A service of People's Law School, Dial-A-Law is available on Clicklaw Wikibooks, its own website at dialalaw.ca, and on the telephone at 1-800-565-5297.
Dial-A-Law
Dial-A-Law‎
This page is
from Dial-A-Law‎,
a starting point for
information on the law
in British Columbia.
See the full contents.
About
Introduction
Consumer & Money
Work & Business
Families & Children
Life
Courts & Crime
From
Visit more from People's Law School
People's Law School
v • d • e

Owning a condominium isn’t the same as owning a house. In many ways, it’s more complex. Learn the legal framework involved, and common questions for those who own a condo.

Understand the legal framework

In BC, a condominium is called a “strata”

The term condominium means a building or complex of buildings containing a number of individually owned units or houses. In British Columbia, the term is used informally. But the legal term for a condominium in BC is strata. In strata housing, the owners own their individual strata lots and together own the common property as a strata corporation.

In a typical high-rise strata building, each unit is a separate strata lot. But strata housing is more than just high-rise condos. Depending on the development, a strata lot may be an apartment, a half-duplex, a townhouse, a retail store — even a single-family home in what’s called a “strata subdivision”.

It’s not the size or shape of a development that makes it a strata. Instead, it’s the legal structure used. If a development is legally created by a strata plan, it’s a strata — whether it’s a 300-unit high-rise apartment or a two-unit strata duplex.

Property that is not part of a strata lot is “common property”

Any part of the land and buildings shown on a strata plan that is not part of a strata lot is common property. Typical common property includes hallways, elevators, gardens, recreational amenities, garbage facilities, the roof, and exterior walls. In addition, some pipes, wires, cables and similar things that carry water and other services within the development may also be common property — even when they’re located in a strata lot.

Strata lot owners own common property together

Strata lot owners automatically own a proportionate interest in the common property, together with the other strata lot owners in the development. Under the 'Strata Property Act, strata lot owners own the common property in a type of co-ownership called tenancy-in-common. Each owner’s proportionate interest in the common property is set out in a schedule of unit entitlement that is filed with the strata plan in the Land Title Office.

The strata corporation may make bylaws and rules to govern the use, safety and condition of the common property. Every owner can use the common property. They have to follow the bylaws and rules setting out how they can use it.

Limited common property

Sometimes, common property may be set aside for the use of only certain people. A strata can designate an area of common property for the exclusive use of one or more strata lots. This designation is called limited common property. For example, in a high-rise condo building, the strata plan may show that a strata lot’s balcony is limited common property for that strata lot. This means the balcony is common property, owned by all the strata lot owners as tenants-in-common. But the balcony is only for the use of that strata lot owner.

An owner must allow the strata corporation reasonable access to common property (including limited common property) if it’s accessible only through the owner’s strata lot (for instance, a common property balcony). Typically, the strata bylaws set the procedure the strata corporation must follow to access common property through an owner’s strata lot and make repairs.

A strata corporation governs the strata

When a strata plan is registered in the Land Title Office, it establishes a strata corporation. The owners of the strata lots in the strata plan are members of the strata corporation. The board of directors is called the strata council.

The strata corporation enforces the bylaws of the strata. The strata corporation manages and maintains the common property and common assets. When a strata corporation itself owns an item (for example, a lawn mower), that item is a common asset.

The strata corporation may buy services or goods, and sue or be sued. In fact, only a strata corporation can sue third parties for defects in or damage to common property.

Under BC law, there are detailed requirements for meetings of the strata corporation. The strata corporation must hold at least one general meeting once a year, called the annual general meeting or AGM. At the AGM, members must approve an annual budget and elect a strata council, among other things. The strata corporation must also keep certain records, such as financial records and correspondence, and make them available to owners and tenants on request.

A strata council manages the strata

A strata council is an elected group of strata lot owners. It is the board of directors of the strata corporation. The strata council manages the corporation on a daily basis. In larger developments, the strata council may hire a professional management company to help manage the corporation.

Depending on a strata corporation’s bylaws, the strata council usually has three to seven members. In some stratas, the tenants or spouses of strata lot owners can serve as council members.

Strata council meetings

A strata council should meet at least once every year. The strata corporation’s bylaws set out how council meetings are called. At council meetings, members decide how to govern the strata corporation, including:

  • preparing the budget for the strata corporation and paying strata corporation bills
  • arranging insurance for the strata corporation
  • enforcing the bylaws and rules of the strata corporation, including fining owners for breaches
  • handling owner complaints about bylaw breaches or items that require repair or maintenance
  • approving strata lot and common property alterations
  • managing the common property

Strata council minutes

At each strata council meeting, minutes are prepared to record the decisions made at the meeting. There is no required form for minutes, but they should record all council decisions and include details such as who was at the meeting and the business attended to at the meeting. For example, if the council received a bylaw complaint, the minutes should record the council’s decision on how to handle the complaint, such as by sending a notice to the offending owner. Minutes do not need to include the discussions that lead to the council decisions.

If sensitive topics are discussed at a council meeting, the council should hold a private or closed meeting (called in camera) for that topic. All observers must leave the meeting for that session. And only the result of the discussion is recorded in the minutes.

The strata corporation must keep certain records

The Strata Property Act lists the records a strata corporation must keep. A regulation sets out how long the records must be kept.

Records that must be kept and updated include:

  • a list of council members
  • a list of owners, with their strata lot addresses, parking stall and storage locker numbers, and unit entitlements
  • the names of any tenants
  • books of account showing money received and spent, and why
  • the bylaws and rules of the strata corporation

The strata corporation must also keep certain documents for at least six years. For example:

  • minutes of all annual and special general meetings, including the results of any votes
  • the annual budget and financial statement
  • bank statements, cancelled cheques and certificates of deposit
  • information certificates issued

Some records must be kept permanently, such as:

  • resolutions that deal with changes to common property, including the designation of limited common property
  • any decision of an arbitrator or judge in a proceeding in which the strata corporation was a party
  • any legal opinions obtained by the strata corporation
  • any depreciation reports obtained by the strata corporation

Any correspondence sent or received by the strata corporation or its council must be kept for at least two years.

Where strata records are kept

The law does not say where strata records must be kept. If the strata has a strata manager, it typically keeps the records at its office or place of business.

If the strata does not have a strata manager, the strata council must arrange to keep the required records where they can be inspected and copied by those with a right to inspect and copy the records.

Who has access to strata records

All owners have the right to inspect and receive copies of the strata records. If an owner has assigned their ownership rights to their tenant, the tenant also has the right to inspect and copy the strata records. The owner or the qualified tenant can also authorize, in writing, someone to inspect and copy the records for them.

The strata corporation can charge strata fees

Each year, a strata corporation creates an annual budget. To pay for expenses, the corporation charges proportionate strata fees to each strata lot owner based on the schedule of unit entitlement.

To set aside savings for repairs or long-term improvements in the development (for example, a new roof) the strata fees typically include an amount for the contingency reserve fund. This is a strata corporation’s mandatory savings account to pay for unusual or extraordinary future expenses. Expenditures out of the reserve fund must be authorized by resolution except in emergencies.

A strata corporation may also raise funds at any time by passing a special levy if at least three-quarters of the owners approve it at a general meeting. If a special levy passes, each owner must pay a proportionate share of it.

If an owner does not pay monthly strata fees or special levies on time, the strata corporation may register a lien in the Land Title Office against their strata lot. Ultimately, the strata corporation may ask the court for an order to sell the owner’s strata lot to pay the amount owing under the lien.

The law and rules that apply to stratas

In BC, the Strata Property Act is the main law governing stratas. In addition, each strata corporation must have bylaws. They set out strata lot owners’ rights and responsibilities, and control what the place will be like to live in. For example, bylaws may restrict the rental of strata lots. Bylaws may also restrict pets and certain age groups, such as children. In most stratas, the bylaws require strata lot owners to get permission before making significant changes to their strata lot, such as moving walls or making plumbing or electrical changes.

A strata corporation may also have rules. Rules apply only to the use and enjoyment of common property and common assets. For example, a rule may limit the size of vehicles that may park in a common-property parkade, or restrict the hours when residents can use a common-property fitness centre.

A strata corporation may change its bylaws by a 75% vote of the owners at a general meeting.

A strata council may pass rules at any time, but any new rules must be ratified by a majority of the owners before or at the next AGM, otherwise they cease to be effective.

Common questions

Can I rent out my condo unit?

Some stratas have a rental restriction bylaw. A strata corporation may pass a bylaw that prohibits all residential rentals or limits the number or percentage of residential rentals.

Sometimes a document called a rental disclosure statement may let an owner rent a residential strata lot despite a rental restriction bylaw. If you plan to rely on a rental disclosure statement, have a lawyer review the document. In some cases, it exempts only the first owner of the strata lot from a rental restriction bylaw.

In some cases, an owner can apply to their strata council for an exemption from a rental restriction bylaw, if the bylaw causes them hardship. For example, if an owner gets transferred to another city for work and cannot afford to maintain two residences and doesn’t want to sell their strata lot, they can apply for an exemption. If the strata council gives them the exemption, the owner can rent their strata lot out without breaching the bylaw.

If you do rent out your unit, choose your tenant carefully. The strata corporation can hold you responsible if your tenant breaks a bylaw or rule.

Can the strata corporation require strata unit owners to pay for certain repairs?

Yes. Strata corporations may impose a special fee (called a levy) to raise money for certain critical repairs to common property. A resolution for a special levy must be developed and submitted for approval at a general meeting by a 3/4 vote.

If the special levy is for repairs that are necessary to ensure safety or prevent significant damage to property, and the resolution receives at least majority support, the strata corporation can apply to court to order the special levy approved.

Does a strata corporation need insurance?

Yes. Under the law, the strata corporation must insure the common property, common assets, buildings shown on the strata plan, and certain fixtures within the strata lot. The strata corporation must also carry liability insurance for property damage and bodily injury.

Strata lot owners need their own insurance for their personal property, for improvements to their strata lot, and liability to others for injury. Owners should also consider taking out extra insurance to cover the strata corporation’s deductibles, which can be large. It is not uncommon that a strata’s deductible for water damage is $25,000 or higher.

I’m in a dispute with my strata. What options do I have to resolve it?

Strata disputes can be resolved within the strata corporation or by using systems set up to resolve strata disputes. The BC government strata housing website explains a number of options for informal meetings with the property manager or strata council.

Alternatively, strata owners, residents, and strata council members may use the Civil Resolution Tribunal (CRT) to resolve many strata disputes. This is an online tribunal that encourages a collaborative approach to resolving disputes. See the CRT website at civilresolutionbc.ca.

Get help

With more Information

The BC government’s strata housing website has extensive information for strata owners and strata council members.

Web: gov.bc.ca/strata

The Condominium Home Owners Association of BC promotes the understanding of strata property living and the interests of strata property owners.

Web: choa.bc.ca

The Office of the Information & Privacy Commissioner for British Columbia’s website includes privacy guidelines for stratas.

Web: oipc.bc.ca


[updated July 2018]

The above was last reviewed for legal accuracy by Lisa Frey, Lawson Lundell LLP and Taeya Fitzpatrick, Sabey Rule.

Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Licence Dial-A-Law © People's Law School is licensed under a Creative Commons Attribution - NonCommercial - ShareAlike 4.0 International Licence.


v • d • e
 
Consumer & Money
Cars & Getting Around
Consumer
Money & Debt
 
Work & Business
Work
Business
 
Families & Children
Family Relationships
Divorce & Separation
Children
Resolving Family Disputes
 
Life
Health
Home & Neighbours
Rights & Citizenship
Wills, Planning & Estates
 
Courts & Crime
Courts & Resolving Disputes
Crime
Legal Help & Lawyers
Retrieved from "https://stagewiki.clicklaw.bc.ca/index.php?title=Owning_a_Condominium&oldid=41612"