Table of Contents - Strata Property Act

Contents
Section
Part 1 — Definitions and Interpretation
	1	Definitions and interpretation
Part 2 — The Strata Corporation
	2	Establishment of strata corporation
	3	Responsibilities of strata corporation
	4	Strata corporation functions through council
Part 3 — The Owner Developer
	Division 1 — General
	5	Owner developer's control of strata corporation
	6	Owner developer's standard of care
	Division 2 — The Owner Developer and the Strata Corporation Before Strata Lots are Conveyed
	7	Owner developer to pay expenses
	8	Passing resolutions before first conveyance
	Division 3 — The Owner Developer and the Strata Corporation After the First Conveyance
	9	Owner developer may be restricted
	10	Restriction on contracting powers
	11	Passing resolutions after first conveyance
	12	Owner developer to establish contingency reserve fund
	13	Interim budget following first conveyance
	14	Payments during period of interim budget
	15	Minimum period of insurance coverage
	16	First annual general meeting to be held by owner developer
	17	Owners may hold first annual general meeting
	18	Money owed by owner developer
	19	Chair of first annual general meeting
	20	Business at first annual general meeting
	21	First annual budget requirements
	22	Transfer to council
	23	Access to owner developer's financial records
	24	Strata management contracts
Part 4 — Strata Corporation Governance
	Division 1 — The Council
	25	Election of council
	26	Council exercises powers and performs duties of strata corporation
	27	Control of council
	28	Eligibility for council
	29	Membership on council
	30	Contracts not invalidated
	31	Council member's standard of care
	32	Disclosure of conflict of interest
	33	Accountability
	34	Approval of council member remuneration
	Division 2 — Records
	34.1	Request for council hearing
	35	Strata corporation records
	36	Access to records
	37	Strata manager to return records
	Division 3 — Contracts
	38	Capacity to enter contracts and join organizations
	39	Cancellation of strata management contracts
	Division 4 — Annual General Meetings and Special General Meetings
	40	Annual general meeting
	41	Waiver of annual general meeting
	42	Special general meeting called by strata corporation
	43	Special general meeting called by voters
	44	Waiver of special general meeting
	45	Notice requirements for annual or special general meeting
	46	Agenda and resolutions at an annual or special general meeting
	47	Failure to give proper notice of meeting
	48	Quorum for annual or special general meeting
	49	Electronic attendance at meetings
	50	Voting at annual or special general meetings
	51	Reconsideration of resolution passed by 3/4 vote
	52	Unanimous votes
	Division 5 — Voting
	53	Number of votes per strata lot
	54	Voters
	55	Special voters
	56	Proxies
	57	Shared vote
	58	Court appointed voter
	Division 6 — Information Certificate
	59	Information Certificate
	Division 7 — Giving Notice and Providing Information
	60	Notice to mortgagee
	61	Notice given by strata corporation
	62	Address of strata corporation
	63	Notice given to strata corporation
	64	Legal service on strata corporation
	65	Informing resident owners and tenants
Part 5 — Property
	Division 1 — General Property Matters
	66	Ownership of property
	67	Assessment and taxation
	68	Strata lot boundaries
	69	Implied easements
	70	Changes to strata lot
	71	Change in use of common property
	72	Repair of property
	Division 2 — Limited Common Property and Exclusive Use of Common Property
	73	Designation of limited common property
	74	Designation of limited common property by 3/4 vote
	75	Removal of designation of limited common property
	76	Short term exclusive use
	77	Access to common property by strata corporation
	Division 3 — Property Acquisition and Disposal
	78	Acquisition of land by strata corporation
	79	Disposal of land held in strata corporation's name
	80	Disposal of common property
	81	Strata corporation must not mortgage common property
	82	Acquisition and disposal of personal property by strata corporation
	Division 4 — Work Orders
	83	Work order against strata corporation property
	84	Work order against strata lot
	85	Owner's failure to comply with work order
	Division 5 — Builders Liens and Other Charges
	86	Builders Lien Act applies
	87	Builders liens against strata lots in phased strata plans
	88	Builders lien after purchase from owner developer
	89	Removal of claim of lien after purchase from owner developer
	90	Removal of liens and other charges
Part 6 — Finances
	Division 1 — Operating Fund and Contingency Reserve Fund
	91	Strata corporation responsible for common expenses
	92	Operating fund and contingency reserve fund
	93	Minimum and maximum contributions to contingency reserve fund
	94	Depreciation report
	95	Management of contingency reserve fund
	96	Expenditures from contingency reserve fund
	97	Expenditures from operating fund
	98	Unapproved expenditures
	Division 2 — Contribution to Expenses
	99	Calculating strata fees
	100	Change to basis for calculation of contribution
	101	No return of contributions on sale of strata lot
	Division 3 — Budgets
	102	Change of fiscal year end
	103	Budget requirements
	104	Failure to approve budget
	105	Budget surpluses and deficits
	106	Informing owners of strata fees
	107	Payment of strata fees
	Division 4 — Special Levies and User Fees
	108	Special levy
	109	Payment of special levy when strata lot sold
	110	User fees
	Division 5 — Borrowing Powers of Strata Corporation
	111	Strata corporation may borrow
	Division 6 — Money Owing to Strata Corporation
	112	Notice to owner or tenant of money owing to strata corporation
	113	Notice to mortgagee
	114	Disputed debt
	115	Certificate of Payment
	116	Certificate of Lien
	117	Forced sale of owner's strata lot to collect money owing
	118	Costs added to amount owing
Part 7 — Bylaws and Rules
	Division 1 — General
	119	Nature of bylaws
	120	Standard Bylaws
	121	Unenforceable bylaws
	122	Bylaws relating to sale of strata lot
	123	Limits to pet and age bylaws
	124	Voluntary dispute resolution bylaw
	125	Rules
	Division 2 — Amending the Bylaws
	126	Amendment of bylaws
	127	Amendment of bylaws before second annual general meeting
	128	Bylaw amendment procedures
	Division 3 — Enforcing the Bylaws and Rules
	129	Enforcement options
	130	Fines
	131	Landlord's and owner's responsibility for fines and costs incurred by tenant
	132	Maximum fines
	133	Strata corporation may remedy a contravention
	134	Denial of access to recreational facility
	135	Complaint, right to answer and notice of decision
	136	Complaint against council member
	137	Eviction by landlord
	138	Eviction by strata corporation
Part 8 — Rentals
	139	Rental disclosure by owner developer
	140	Contravention of disclosure requirements
	141	Restriction of rentals by strata corporation
	142	Limits to rental restriction bylaws
	143	Rental restriction bylaw does not apply to some strata lots
	144	Exemption from rental restriction bylaw
	145	Rental agreement in contravention of rental restriction bylaw
	146	Landlord to give bylaws, rules and Notice of Tenant's Responsibilities to tenant
	147	Assignment of powers and duties to tenant
	148	Long term lease
Part 9 — Insurance
	149	Property insurance required for strata corporation
	150	Liability insurance required for strata corporation
	151	Errors and omissions insurance
	152	Optional strata corporation insurance
	153	Insurable interest
	154	Review and report on insurance
	155	Named insureds
	156	Payment of insurance proceeds
	157	Application of insurance money
	158	Insurance deductible
	159	Decision not to repair or replace
	160	Court orders
	161	Owner's insurance
	162	Contribution
Part 10 — Legal Proceedings and Arbitration
	Division 1 — Suits Against the Strata Corporation
	163	Strata corporation may be sued
	164	Preventing or remedying unfair acts
	165	Other court remedies
	166	Owner's liability for judgment against strata corporation
	167	Defending suits
	168	Strata corporation may join owner
	169	Limit on owner's responsibility for costs
	Division 2 — Suits by the Strata Corporation
	170	Suits against owners
	171	Strata corporation may sue as representative of all owners
	172	Strata corporation may sue on behalf of some owners
	173	Other court remedies
	Division 2.1 — Validity of Suits and Arbitrations
	173.1	Validity of suits and arbitrations undertaken by strata corporation
	Division 3 — Administrator of Strata Corporation
	174	Appointment of administrator
	Division 4 — Arbitration
	175	Application of this Division
	176	Suit requirements and procedures apply
	177	Disputes that can be arbitrated
	178	Effect of court proceedings on arbitration
	179	Beginning arbitration
	180	Consolidation of disputes
	181	Mediation
	182	Notice of arbitration
	183	Arbitration procedures
	184	Examination and evidence
	185	Arbitrator's decision
	186	Costs
	187	Decision final
	188	Appeal to court
	189	Enforcement of decision
Part 11 — Sections
	190	Act applies to strata corporation with sections
	191	Sections allowed
	192	Creation of sections by owner developer
	193	Creation or cancellation of sections by strata corporation
	194	Powers and duties of section
	195	Expenses of section
	196	Administration of section
	197	Bylaws and rules for section
	198	Judgments against strata corporation relating to section
Part 12 — Leasehold Strata Plans
	199	Definitions
	200	Act applies to leasehold strata plans
	201	Deposit of leasehold strata plan
	202	New indefeasible title
	203	Conversion of ground lease
	204	Signature of leasehold landlord not required
	205	Obligations under strata lot lease
	206	Restrictions on lease, assignment or occupancy of strata lot
	207	Change to restrictions
	208	Duties of strata corporation
	209	Leasehold landlord's remedies on leasehold tenant's default
	210	Renewal of strata lot lease
	211	Renewal terms
	212	Renewal of fewer than 2/3 of strata lot leases
	213	Destruction of buildings
	214	Purchase of leasehold tenant's interest on termination
	215	Cancellation of strata plan
	216	Conversion to freehold strata plan
Part 13 — Phased Strata Plans
	217	Definition
	218	Act applies to phased strata plan
	219	Owner developer in phased strata plan
	220	Transfer of owner developer's interest
	221	Deposit of phased strata plan in land title office
	222	Approval of Phased Strata Plan Declaration
	223	Security for common facilities
	224	Approval of phase
	225	Approving officer's approval for common facilities
	226	Release of security
	227	Owner developer's contribution to expenses
	228	Effect of deposit of phase
	229	Notification of deposit of subsequent phase
	230	Annual general meeting after deposit of subsequent phase
	231	Deemed election to proceed
	232	Amendment of declaration to extend time for election
	233	Other amendments to declaration
	234	Matters that apply to amendment of declaration
	235	Election not to proceed
	236	Delay in proceeding
	237	Development after election not to proceed requires approval
	238	Building permit
Part 14 — Land Titles
	239	Effect of deposit of strata plan
	240	Title requirements for deposit of strata plan
	241	Endorsement of nonoccupancy
	242	Approval for conversion of previously occupied buildings
	243	Approval of bare land strata plan
	244	Strata plan requirements
	245	Strata plans: accompanying documents
	246	Schedule of Unit Entitlement
	247	Schedule of Voting Rights not approved by superintendent
	248	Schedule of Voting Rights approved by superintendent
	249	Registrar must deposit
	250	General index
	251	Common property
	252	Common property record
	253	Subdivision of common property
	254	Certificate of Strata Corporation
	255	Acquisition of land
	256	Certificate of Payment required
Part 15 — Strata Plan Amendment and Amalgamation
	Division 1 — Strata Plan Amendment
	257	Amending strata plan to designate limited common property
	258	Parking designated by owner developer as limited common property
	259	Amending strata plan to add to, consolidate or divide a strata lot
	260	Exceptions to requirement for unanimous vote
	261	Amending Schedule of Unit Entitlement
	262	Amending strata plan to make land held by strata corporation into new strata lot
	263	Amending strata plan to add a strata lot to common property
	264	Calculation of unit entitlement and voting rights following amendment
	265	Amending strata plan to make common property into land held by the strata corporation
	266	Amending strata plan to add land held by strata corporation to the common property
	267	Registrar's duties on amendment
	268	Easements following amendment
	Division 2 — Amalgamation
	269	Amalgamation
	270	Registrar's duties on amalgamation
	271	Effect of amalgamation
Part 16 — Cancellation of Strata Plan and Winding Up of Strata Corporation
	Division 1 — Voluntary Winding Up Without Liquidator
	272	Vote to cancel strata plan and become tenants in common
	273	Conversion schedule
	274	Application to registrar
	275	Registrar's order
	Division 2 — Voluntary Winding Up With Liquidator
	276	Application of Business Corporations Act to voluntary winding up of strata corporation
	276.1	Disposal of books and papers of strata corporation
	277	Appointment of liquidator
	278	Interest schedule
	279	Vesting order
	280	Filing vesting order
	281	Effect of filing vesting order
	282	Approval of disposition
	283	Filing of application for dissolution
	Division 3 — Court Ordered Winding Up
	284	Application for court order to wind up strata corporation
	285	Winding up
	Division 4 — General
	286	Application
	287	Plan cancellation provisions of Land Title Act do not apply
	288	Delivery of duplicate title
	289	Priorities must be resolved
Part 17 — General
	290	Offences
	291	Application of other laws
	292	Power to make regulations
	293	Transitional
	294–321	Spent
	322	Commencement
Schedule of Standard Bylaws

Strata Property Act

[SBC 1998] CHAPTER 43