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This Act has "Not in Force" sections. See the Table of Legislative Changes.

Strata Property Act

[SBC 1998] CHAPTER 43

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

27  (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,

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

(iv)   whether a person should be required under section 133 (2) to pay the reasonable costs of remedying a contravention of the bylaws or rules, or

(v)   whether an owner should be exempted under section 144 from a bylaw that prohibits or limits rentals.

Eligibility for council

28  (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 (1).

Membership on council

29  (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

30  (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, or

(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) a contract or transaction with the strata corporation, or

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

must

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

(d) abstain from voting on the contract, transaction or matter, and

(e) leave the council meeting

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

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

Accountability

33  (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.

Request for council hearing

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

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

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

Division 2 — Records

Strata corporation records

35  (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;

(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 and storage locker 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 referred to in section 20 or 23 obtained by the strata corporation;

(n.1) any depreciation reports obtained by the strata corporation under section 94;

(n.2) any reports obtained by the strata corporation respecting repair or maintenance of major items in the strata corporation, including, without limitation, engineers' reports, risk management reports, sanitation reports and reports respecting any items for which information is, under section 94, required to be contained in a depreciation report;

(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

36  (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).

(1.1) On receiving a request from a former owner, from a former tenant referred to in subsection (1) (b) or from a person authorized in writing by the former owner or former tenant, the strata corporation must, with respect to records and documents referred to in section 35 that, whenever created, relate to the period during which the former owner or former tenant was an owner or tenant, make those records and documents available for inspection by, and provide copies of them to, the former owner, former tenant or person authorized in writing, as the case may be.

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

(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

37  (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 in 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 and the bylaws, and

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

Cancellation of strata management contracts

39  (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

40  (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 2 months after the strata corporation's fiscal year end.

Waiver of annual general meeting

41  (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

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

(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

44  (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

45  (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).

Agenda and resolutions at an annual or special general meeting

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

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

(3) A resolution or matter raised under subsection (2) 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.

(4) Subsection (3) 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

48  (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.

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

Electronic attendance at meetings

49  (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

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

(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

51  (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 one of the following conditions is met:

(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;

(c) the meeting held under this section does not proceed for lack of a quorum as set out in subsection (9).

(11) The resolution may be presented for reconsideration under this section only once.

Unanimous votes

52  (1) This section applies only to strata corporations comprised of 10 or more strata lots.

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

(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 (3).

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

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

Division 5 — Voting

Number of votes per strata lot

53  (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 (1).

(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 (2) and 51 (3).

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

Voters

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

55  (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

56  (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) The following persons may be proxies:

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

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

(c) subject to the regulations, any other person.

(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

57  (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

58  (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 Guardian and 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 Guardian and Trustee or other person.

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

Division 6 — Information Certificate

Information Certificate

59  (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;

(l.1) which parking stalls and storage lockers, if any, have been allocated to the strata lot;

(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;.

(d) the most recent depreciation report, if any, obtained by the strata corporation under section 94.

(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

61  (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 bylaws or the rules must 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,

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

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

(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 (vii) is conclusively deemed to have been given 4 days after it is left with an adult occupant, put under the door, mailed, put through the mail slot or in the mail box, faxed or emailed.

Address of strata corporation

62  (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

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

(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 or emailing it to

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

(ii)   a fax number or email address 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, emailed 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 and tenants

65  For the purposes of sections 98 (6), 106, 108 (4), 125 (4), 128 (4) and 167, and any regulations that require the strata corporation to inform owners or tenants of certain matters, the strata corporation may, instead of giving notice under section 61, inform resident owners and tenants by one or more of the following methods or by any other method:

(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.

Contents  |  Part 1  |  Part 2  |  Part 3  |  Part 4  |  Part 5  |  Part 6  |  Part 7  |  Part 8  |  Part 9  |  Part 10  |  Part 11  |  Part 12  |  Part 13  |  Part 14  |  Part 15  |  Part 16  |  Part 17  |  Schedule of Standard Bylaws