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

Strata Property Act

[SBC 1998] CHAPTER 43

Assented to July 30, 1998

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