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Strata Property Act

[SBC 1998] CHAPTER 43

Part 11 — Sections

Act applies to strata corporation with sections

190  (1) Subject to the regulations, the provisions of this Act apply to a strata corporation with sections.

(2) If there is a conflict between a provision of this Part and a provision of another Part, the provision of this Part prevails.

Sections allowed

191  (1) A strata corporation may have sections only for the purpose of representing the different interests of

(a) owners of residential strata lots and owners of nonresidential strata lots,

(b) owners of nonresidential strata lots, if they use their strata lots for significantly different purposes, or

(c) owners of different types of residential strata lots.

(2) For the purposes of subsection (1) (c), strata lots are different types if they fall within the criteria set out in the regulations.

Creation of sections by owner developer

192  An owner developer may create sections for a strata corporation at the time the strata plan is deposited by filing in the land title office

(a) bylaws that provide for the creation and administration of each section, and

(b) any resolutions to designate limited common property, in accordance with section 74, for the exclusive use of all the strata lots in a section.

Creation or cancellation of sections by strata corporation

193  (1) To create or cancel sections, the strata corporation must hold an annual or special general meeting to consider the creation or cancellation.

(2) The notice of meeting must include

(a) a resolution to amend the bylaws to provide for either the creation and administration of each section or the cancellation of the sections, and

(b) any resolutions to designate limited common property, in accordance with section 74, for the exclusive use of all the strata lots in a section or to remove a designation in accordance with section 75.

(3) The resolution referred to in subsection (2) (a) must be passed

(a) by a 3/4 vote by the eligible voters in the proposed or existing section, and

(b) by a 3/4 vote by all the eligible voters in the strata corporation.

(4) On the filing in the land title office of a bylaw amendment creating a section, a section is created bearing the name "Section [number of section] of [name of strata corporation]".

(5) On the creation of a section the registrar may establish a general index for the section.

Powers and duties of section

194  (1) After the creation of sections, the strata corporation retains its powers and duties in matters of common interest to all the owners.

(2) With respect to a matter that relates solely to the section, the section is a corporation and has the same powers and duties as the strata corporation

(a) to establish its own operating fund and contingency reserve fund for common expenses of the section, including expenses relating to limited common property designated for the exclusive use of all the strata lots in the section,

(b) to budget and require section owners to pay strata fees and special levies for expenditures the section authorizes,

(c) to sue or arbitrate in the name of the section,

(d) to enter into contracts in the name of the section,

(e) to acquire and dispose of land and other property in the name of or on behalf of the section, and

(f) to enforce bylaws and rules.

(3) Despite subsection (2), a section must not enter into a contract, or sue or arbitrate, in the name of the strata corporation and the strata corporation has no liability for contracts made, or debts or legal costs incurred, by the section.

(4) A section may obtain insurance only

(a) against perils that are not insured by the strata corporation, or

(b) for amounts that are in excess of amounts insured by the strata corporation.

(5) For the purposes of subsection (4), a section has the same insurable interest as the strata corporation has in property contained within the section.

(6) Division 4 of Part 10 applies to a dispute between sections and between a section and the strata corporation.

Expenses of section

195  Subject to section 100 and the regulations, expenses of the strata corporation that relate solely to the strata lots in a section are shared by the owners of strata lots in the section and each strata lot's share of a contribution to the operating fund and contingency reserve fund is calculated as follows:

Administration of section

196  (1) The eligible voters of a section may call and hold meetings and pass resolutions in the same manner as eligible voters of the strata corporation.

(2) Each section must elect an executive for that section and the section executive has the same powers and duties with respect to the section as the strata corporation's council has with respect to the strata corporation.

(3) A member of a section executive is eligible for election to the strata corporation's council.

Bylaws and rules for section

197  (1) The strata corporation's bylaws apply to the section unless they have been amended by the section.

(2) The bylaws may only be amended by the section if the bylaw amendment is in respect of a matter that relates solely to the section.

(3) Subject to section 127 (4) (a), an amendment to the bylaws respecting a matter that relates solely to the section must be approved by a resolution passed by a 3/4 vote at an annual or special general meeting of the section.

(3.1) Despite subsection (3), if a section is composed entirely of nonresidential strata lots, an amendment to the bylaws respecting a matter that relates solely to the section must be approved by a resolution passed

(a) by a 3/4 vote, or

(b) if a different voting threshold is provided for in the bylaws of the section, by that voting threshold

at an annual or special general meeting of the section.

(4) The executive of a section may make rules governing the use, safety and condition of

(a) land and other property acquired under section 194 (2) (e), and

(b) limited common property designated for the exclusive use of all the strata lots in the section.

(5) Section 125 applies to section rules.

Judgments against strata corporation relating to section

198  (1) If a judgment against the strata corporation relates solely to the strata lots in a section, the judgment is against only the owners of strata lots in the section.

(2) A strata lot's share of a judgment referred to in subsection (1) is calculated in accordance with section 195 as if the amount of the judgment were a contribution to the operating fund and contingency reserve fund, and an owner's liability is limited to that proportionate share of the judgment.

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