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"Point in Time" Regulation Content

Strata Property Act

Strata Property Regulation

B.C. Reg. 43/2000

NOTE: Links below go to reg content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to present)
SECTIONEFFECTIVE DATE
Section 3.4 December 14, 2011
Section 4.01 January 1, 2010
Section 4.1 February 28, 2013
Section 6.1 December 14, 2011
Section 6.2 December 14, 2011
February 28, 2013
Section 6.8 January 1, 2010
Section 6.9 March 7, 2018
Section 6.11 January 1, 2010
July 16, 2014
Section 6.12 January 1, 2010
July 16, 2014
Section 8.1 March 18, 2013
Section 12.1 July 28, 2015
Section 14.13 November 25, 2009
Section 17.5 July 16, 2014
Section 17.15 January 1, 2010
Section 18.1 January 1, 2010
Form B March 1, 2012
January 1, 2014
July 13, 2016
July 28, 2016
Form E July 28, 2016
Form I January 1, 2010
Form J January 1, 2010
January 1, 2010

 Section 3.4 BEFORE re-enacted by BC Reg 238/2011, effective December 14, 2011.

 Contingency reserve fund contribution in first annual budget

3.4  For the purposes of section 93 of the Act, the amount of the annual contribution to the contingency reserve fund for the fiscal year following the first annual general meeting must be determined as follows:

(a) if the amount of money in the contingency reserve fund at the time of the first annual general meeting is less than 25% of the estimated operating expenses for the 12 month period set out in the interim budget, the annual contribution to the contingency reserve fund under the first annual budget must be at least 10% of the total contribution to the operating fund for the 12 month period covered by that budget;

(b) if the amount of money in the contingency reserve fund at the time of the first annual general meeting is equal to or greater than 100% of the estimated operating expenses for the 12 month period set out in the interim budget, any contribution to the contingency reserve fund under the first annual budget must be approved by a resolution passed by a 3/4 vote at the first annual general meeting or a special general meeting;

(c) if the amount of money in the contingency reserve fund at the time of the first annual general meeting is at least 25% but less than 100% of the estimated operating expenses for the 12 month period set out in the interim budget, the annual contribution to the contingency reserve fund under the first annual budget may be of any amount.

[en. B.C. Reg. 241/2001, s. 1.]

 Section 4.01 was enacted by BC Reg 312/2009, effective January 1, 2010.

 Section 4.1 (2) BEFORE amended by BC Reg 89/2013, effective February 28, 2013.

(2)  The strata corporation must permanently retain the records and documents referred to in section 35 (2) (b), (e) and (h) of the Act.

 Section 4.1 (2.1) was added by BC Reg 89/2013 effective BC Reg 89/2013, effective February 28, 2013.

 Section 6.1 BEFORE re-enacted by BC Reg 238/2011, effective December 14, 2011.

 Contributions to contingency reserve fund

6.1  For the purposes of section 93 of the Act, the amount of the annual contribution to the contingency reserve fund for a fiscal year, other than the fiscal year following the first annual general meeting, must be determined as follows:

(a) if the amount of money in the contingency reserve fund at the end of any fiscal year after the first annual general meeting is less than 25% of the total annual budgeted contribution to the operating fund for the fiscal year that has just ended, the annual contribution to the contingency reserve fund must be at least 10% of the total contribution to the operating fund for the current fiscal year;

(b) if the amount of money in the contingency reserve fund at the end of any fiscal year after the first annual general meeting is equal to or greater than 100% of the total annual budgeted contribution to the operating fund for the fiscal year that has just ended, any contribution to the contingency reserve fund must be approved by a resolution passed by a 3/4 vote at an annual or special general meeting;

(c) if the amount of money in the contingency reserve fund at the end of any fiscal year after the first annual general meeting is at least 25% but less than 100% of the total annual budgeted contribution to the operating fund for the fiscal year that has just ended, the annual contribution to the contingency reserve fund may be of any amount.

[en. B.C. Reg. 241/2001, s. 2 (a).]

 Section 6.2 BEFORE re-enacted by BC Reg 238/2011, effective December 14, 2011.

 Guidelines for depreciation report

6.2  (1)  For the purposes of section 94 of the Act, a depreciation report prepared to assist a strata corporation in determining the appropriate amount for the annual contribution to the contingency reserve fund may estimate the repair or replacement cost for, and the expected life of, each of the items set out below, if applicable to the strata corporation, and any other items that the strata corporation considers should be included:

(a) the electrical system;

(b) the heating system;

(c) the plumbing system;

(d) the elevators;

(e) the exterior walls;

(f) the roof;

(g) carpeting and furnishings;

(h) interior and exterior painting;

(i) parking facilities and roadways;

(j) recreational facilities.

(2)  The strata corporation's annual contribution to the contingency reserve fund relating to the repair or replacement of each of the items referred to in subsection (1) may be determined according to the following formula:

estimated cost — past contribution

expected life

(3)  For the formula in subsection (2):

"estimated cost" means the estimated cost to repair or replace;

"past contribution" means the amount already contributed to the contingency reserve fund in respect of an estimated cost;

"expected life" means the estimated number of years before the cost of repair or replacement is likely to be incurred.

(4)  A strata corporation must comply with section 3.4 or 6.1, as applicable, whether or not a depreciation report to assist in determining the appropriate amount for the annual contribution to the contingency reserve fund is prepared.

(5)  If a strata corporation contributes to the contingency reserve fund based on a depreciation report, the contributions in respect of an item become part of the contingency reserve fund and may be spent for any purpose permitted under section 96 of the Act.

[am. B.C. Reg. 241/2001, s. 2 (b).]

 Section 6.2 (6.1) and (6.2) were added by BC Reg 89/2013, effective February 28, 2013.

 Section 6.8 (2) was added by BC Reg 312/2009, effective January 1, 2010.

 Section 6.9 BEFORE renumbered and (2) was added by BC Reg 36/2018, effective March 7, 2018.

User fees for the use of common property or common assets

6.9   For the purposes of section 110 of the Act, a strata corporation may impose user fees for the use of common property or common assets only if all of the following requirements are met:

(a) the amount of the fee is reasonable;

(b) the fee is set out

(i) in a bylaw, or

(ii) in a rule and the rule has been ratified under section 125 (6) of the Act.

 Section 6.11 (part) BEFORE amended by BC Reg 312/2009, effective January 1, 2010.

  A strata corporation may invest money from the contingency reserve fund in the following investments for the purposes of section 95 (2) (a) of the Act:

 Section 6.11 BEFORE re-enacted by BC Reg 68/2014, effective July 16, 2014.

Permitted investments for investment of money from contingency reserve fund

6.11   A strata corporation may invest money from the contingency reserve fund or money collected on a special levy in the following investments for the purposes of section 95 (2) (a) or 108 (4) (b) (i), as the case may be, of the Act:

(a) securities of Canada, a province, the United Kingdom, the United States of America or a municipal corporation in a province;

(b) securities the payment of the principal and interest of which is guaranteed by Canada, a province, the United Kingdom, the United States of America or a municipal corporation in a province;

(c) securities issued for school, hospital, irrigation, drainage or other similar purposes that are secured by or payable out of rates or taxes levied under the law of a province on property in that province;

(d) bonds, debentures or other evidence of indebtedness of a corporation that are secured by the assignment to a trustee of payments that Canada or a province has agreed to make, if those payments are sufficient to meet the interest on all the bonds, debentures or other evidence of indebtedness outstanding as it falls due and also to meet the principal amount of all the bonds, debentures or other evidence of indebtedness on maturity;

(e) bonds, debentures or other evidence of indebtedness of a corporation incorporated under the laws of Canada or a province that are fully secured by a mortgage, charge or hypothec to a trustee on any one or combination of the following assets:

(i) land;

(ii) the plant or equipment of a corporation that is used in the transaction of its business;

(iii) bonds, debentures or other evidence of indebtedness or shares of a class or classes authorized by this section;

(f) bonds, debentures or other evidence of indebtedness of a corporation incorporated under the laws of Canada or a province if the corporation has earned and paid a dividend,

(i) in each of the 5 years immediately preceding the date of investment, at least equal to the specified annual rate on all of its preferred shares, or

(ii) in each year of a period of 5 years ending less than one year before the date of investment, on its common shares of at least 4% of the average value at which the shares were carried in the capital stock account of the corporation during the year in which the dividend was paid;

(g) guaranteed trust or investment certificates of

(i) a bank, or

(ii) a corporation that is incorporated under the laws of Canada or of a province and that has a business authorization to carry on trust business or deposit business;

(h) bonds, debentures or other evidence of indebtedness of a loan corporation or similar corporation

(i) that at the time of investment has all of the following:

(A) power to lend money on mortgages, charges or hypothecs of real estate;

(B) a paid up nonreturnable capital stock of not less than $500 000;

(C) a reserve fund amounting to not less than 25% of its paid up capital, and

(ii) the stock of which has a market value that is not less than 7% in excess of its par value;

(i) preferred shares of a corporation incorporated under the laws of Canada or of a province if the corporation has paid a dividend,

(i) in each of the 5 years immediately preceding the date of investment, at least equal to the specified annual rate on all of its preferred shares, or

(ii) in each year of a period of 5 years ending less than one year before the date of investment, on its common shares of at least 4% of the average value at which the shares were carried in the capital stock account of the corporation during the year in which the dividend was paid;

(j) first mortgages, charges or hypothecs on land in Canada, but only if the loan does not exceed 75% of the value of the property at the time of the loan as established by a valuator whom the strata corporation believes on reasonable grounds to be competent and independent;

(k) securities issued or guaranteed by the International Bank for Reconstruction and Development established by the Agreement for an International Bank for Reconstruction and Development, approved by the Bretton Woods and Related Agreements Act (Canada), but only if the bonds, debentures or other securities are payable in the currency of Canada, the United Kingdom, a member of the British Commonwealth or the United States of America;

(l) fully paid common shares of a corporation incorporated under the laws of Canada or of a province that, in each year of a period of 7 years ending less than one year before the date of investment, has paid a dividend on its common shares of at least 4% of the average value at which the shares were carried in the capital stock account of the corporation during the year in which the dividend was paid;

(m) deposits in, or non-equity or membership shares or other evidence of indebtedness of, a credit union.

[en. B.C. Reg. 33/2003; am. B.C. Regs. 203/2003, s. 1; 312/2009, s.3.]

 Section 6.12 was enacted by BC Reg 312/2009, effective January 1, 2010.

 Section 6.12 BEFORE repealed by BC Reg 68/2014, effective July 16, 2014.

Investment of money collected under special levies

6.12   (1) Subject to subsection (2), a strata corporation need not comply with section 108 (4) (b) of the Act with respect to money collected on a special levy if that money was invested by or on behalf of the strata corporation before the coming into force of this section.

(2) If an investment referred to in subsection (1) is disposed of after the coming into force of this section, the proceeds from the disposition may only be invested as permitted by section 108 (4) (b) of the Act.

[en. B.C. Reg. 312/2009, s. 4.]

 Section 8.1 (2) BEFORE amended by BC Reg 382/2012, effective March 18, 2013.

(2)  In subsection (1), "spouse of the owner" includes an individual who has lived and cohabited with the owner, for a period of at least 2 years at the relevant time, in a marriage-like relationship, including a marriage-like relationship between persons of the same gender.

 Section 12.1 BEFORE amended by BC Reg 158/2015, effective July 28, 2015.

Definitions for section 199 of the Act

12.1   For the purposes of the definition of "leasehold landlord" in section 199 of the Act, "public authority" means any of the following:

(a) a university as defined in the University Act;

(b) the Sechelt Indian Band established under section 5 (1) of the Sechelt Indian Band Self-Government Act (Canada);

(c) the Provincial Rental Housing Corporation;

(d) a board as defined in section 1 of the School Act.

 Section 14.13 BEFORE re-enacted by BC Reg 273/2009, effective November 25, 2009.

 Court ordered amendments to Schedule of Unit Entitlement

14.13  No application may be brought under section 246 (7) of the Act unless one or both of the following conditions apply:

(a) the actual habitable area or square footage of a strata lot is at least 10% greater than, or 10% less than, the habitable area or square footage used to determine the unit entitlement of the strata lot;

(b) the actual habitable area or square footage of a strata lot is at least 20 square metres greater than, or 20 square metres less than, the habitable area or square footage used to determine the unit entitlement of the strata lot.

 Section 17.5 BEFORE repealed by BC Reg 68/2014, effective July 16, 2014.

Investment of contingency reserve fund

17.5   (1) Subject to subsection (2), a strata corporation created under the Condominium Act need not comply with section 95 (2) of the Act with respect to money in its contingency reserve fund which is already invested, on the coming into force of this section, in a manner not permitted by section 95 (2) of the Act.

(2) If an investment referred to in subsection (1) is disposed of after the coming into force of this section, the proceeds from the disposition may only be invested as permitted by section 95 (2) of the Act.

 Section 17.15 BEFORE repealed by BC Reg 312/2009, effective January 1, 2010.

 Applicability of rental restriction bylaws

17.15  Despite section 143 (2) of the Act, but subject to section 143 (1) of the Act, if a strata lot is conveyed by the first purchaser of the strata lot, and the strata lot was designated as a rental strata lot on a rental disclosure statement in the prescribed form under section 31 of the Condominium Act and all the requirements of section 31 of the Condominium Act were met, a bylaw that prohibits or limits rentals does not apply to that strata lot until the earlier of:

(a) the date the rental period expires, as disclosed in the statement;

(b) January 1, 2006.

 Section 18.1 BEFORE repealed by BC Reg 312/2009, effective January 1, 2010.

 Definition for section 15 of Standard Bylaws

18.1  For the purposes of section 15 of the Standard Bylaws, "hearing" means an opportunity to be heard in person at a council meeting.

 Form B Required Attachments added by BC Reg 238/2011, effective March 1, 2012.

 Form B before amended by BC Reg 238/2011, effective January 1, 2014.

Strata Property Act
Form B

[am. B.C. Reg. 238/2011, Sch. 2.]

INFORMATION CERTIFICATE

(Section 59)

The Owners, Strata Plan ................................................................[the registration number of the strata plan] certify that the information contained in this certificate with respect to Strata Lot .............[strata lot number as shown on strata plan] is correct as of the date of this certificate.

[Attach a separate sheet if the space on this form is insufficient].

 (a) Monthly strata fees payable by the owner of the strata lot described above $...............
 (b)Any amount owing to the strata corporation by the owner of the strata lot described above (other than an amount paid into court, or to the strata corporation in trust under section 114 of the Strata Property Act$...............
 (c)Are there any agreements under which the owner of the strata lot described above takes responsibility for expenses relating to alterations to the strata lot, the common property or the common assets?
no yes [attach copy of all agreements]
 
 (d)Any amount that the owner of the strata lot described above is obligated to pay in the future for a special levy that has already been approved. The payment is to be made by ................................................[month day, year].$...............
 (e)Any amount by which the expenses of the strata corporation for the current fiscal year are expected to exceed the expenses budgeted for the fiscal year$...............
 (f)Amount in the contingency reserve fund minus any expenditures which have already been approved but not yet taken from the fund$...............
 (g)Are there any amendments to the bylaws that are not yet filed in the land title office?
no yes [attach copy of all amendments]
 
 (h)Are there any resolutions passed by a 3/4 vote or unanimous vote that are required to be filed in the land title office but that have not yet been filed in the land title office?
no yes [attach copy of all resolutions]
 
 (i)Has notice been given for any resolutions, requiring a 3/4 vote or unanimous vote or dealing with an amendment to the bylaws, that have not yet been voted on?
no yes [attach copy of all notices]
 
 (j)Is the strata corporation party to any court proceeding or arbitration, and/or are there any judgments or orders against the strata corporation?
no yes [attach details]
 
 (k)Have any notices or work orders been received by the strata corporation that remain outstanding for the strata lot, the common property or the common assets?
no yes [attach copies of all notices or work orders]
 
 (l)Number of strata lots in the strata plan that are rented ............... 

Required Attachments

In addition to attachments mentioned above, section 59 (4) of the Strata Property Act requires that copies of the following must be attached to this Information Certificate:

The rules of the strata corporation;

The current budget of the strata corporation;

The owner developer's Rental Disclosure Statement under section 139, if any; and

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

Date: ...........................................................[month day, year].

.......................................................................
Signature of Council Member

.......................................................................
Signature of Second Council Member (not required if council consists of only one member)

OR

.......................................................................
Signature of Strata Manager, if authorized by strata corporation

 Form B, paragraph (j) BEFORE amended by BC Reg 172/2016, effective July 13, 2016.

 (j)Is the strata corporation party to any court proceeding or arbitration, and/or are there any judgments or orders against the strata corporation?
no yes [attach details]
 

 Form B, paragraph (h.1) was added by BC Reg 206/2016, effective July 28, 2016.

 Form B, paragraph (i) BEFORE amended by BC Reg 206/2016, effective July 28, 2016.

 (i)Has notice been given for any resolutions, requiring a 3/4 vote or unanimous vote or dealing with an amendment to the bylaws, that have not yet been voted on?
no yes [attach copy of all notices]
 

 Form E, under the heading "CERTIFICATE FOR SECTION 274", paragraphs (a) and (c) BEFORE amended by BC Reg 206/2016, effective July 28, 2016.

(a) a resolution referred to in section 272 of the Strata Property Act was passed by a unanimous vote at an annual or special general meeting held on .................................................[month day, year],

(c) the strata corporation has no debts other than debts held by persons who have consented in writing, under section 274 (b) of the Strata Property Act, to the winding up of the strata corporation.

 Form I (part) BEFORE amended by BC Reg 312/2009, effective January 1, 2010.

* Section 128 (3) of the Act provides that an Amendment to Bylaws must be filed in the land title office within 60 days of the amendment being approved.

 Form J, below was added above section 1 by BC Reg 312/2009, effective January 1, 2010.

This Rental Disclosure Statement is [Check whichever box is correct and provide any required information.]

[  ] the first Rental Disclosure Statement filed in relation to the above-noted strata plan

[  ] a changed Rental Disclosure Statement filed under section 139 (4) of the Strata Property Act, and the original Rental Disclosure Statement filed in the relation to the above-noted strata plan was filed on .....[dd/mmm/yyyy]......

 Form J, sections 2 and 3 Table BEFORE replaced by BC Reg 312/2009, effective January 1, 2010.

Description of Strata Lot [strata lot number as shown on strata plan]Date Rental Period Expires [month day, year]