FAQs Updated: May 7, 2010

Here are the most recent additions to our collection:

Borrowing Money





Our strata corporation has a guest suite that is shown on the strata plan as common property. May the strata corporation borrow a loan by mortgaging the guest suite?





Our strata corporation has a caretaker's suite that is a strata lot. May the strata corporation borrow a loan by mortgaging the caretaker's suite?

Budgets





What happens if the operating budget does not pass at the annual general meeting?





At the last AGM, the strata corporation did not approve the budget for next year. Do I still have to pay strata fees? If so, how much are my strata fees?





Our strata corporation wants to raise the annual salary of our resident caretaker by $10,000.00. Does this require a 3/4 vote?





Our strata corporation has money left over in the operating fund. May we give it back to the owners?

Bylaws and Rules





Can a strata corporation amend the bylaws before the second annual general meeting?





Can a strata corporation charge interest on late strata fees?





Do amendments to the bylaws have to be filed in the Land Title Office?





Is a strata corporation subject to the Human Rights Code?





My strata corporation has both residential and non-residential strata lots. The residential strata lots have enough votes to pass amendments to the bylaws without considering the non-residential strata lots. Can the residential strata lots pass bylaws over the objections of the non–residential strata lots?





My strata corporation has a bylaw that prohibits open houses - is the bylaw enforceable?





May a strata corporation prevent an owner from standing for council if the strata lot is in arrears of strata fees?





Our strata corporation has a painting that was provided by the developer as per the disclosure statement. We have had the painting appraised and found out it is worth $60,000. The strata council wants to sell it and use the money for future expenses of the strata corporation. Is this allowed?





Is a bylaw enforceable if the bylaw permits hard surface flooring, but only in strata lots on the first floor of the building?





If a rule and a bylaw conflict with each other, which one takes precedence - the bylaw or the rule?





The council wants to levy a fine for contravention of a bylaw. What are the procedures to follow?





Our strata council has received a complaint about a council member contravening a bylaw, what do we do?





Our strata corporation has never adopted any bylaws. Are we required to have bylaws?





Must a strata corporation file its rules in the land title office?





Our strata corporation recently obtained all of our registered bylaws from the Land Title Office. It surprised us to find that Part 5 of the Condominium Act was registered as our bylaws in addition to a few other bylaws filed over the years. We thought that our bylaws were the Schedule of Standard Bylaws to the Strata Property Act. What does this mean?





May council members be paid to perform their duties?





A strata corporation has a bylaw that prohibits the posting of signs in a strata lot or on common property. An owner wants to put an election sign in the window of his strata lot. Does that contravene the bylaw?





A strata corporation passed a bylaw two years ago prohibiting pets. An owner wishes to sell the owner's strata lot, but the prospective buyer has a pet. Is a "no pet" bylaw enforceable?





What is the difference between rules and regulations? Are they not the same thing?





Our strata corporation has a bylaw that prohibits dogs that was passed under the Condominium Act and filed in the Land Title Office. The strata corporation never filed any new bylaws when the the Strata Property Act came in. According to the Strata Property Act, the Schedule of Standard Bylaws applies to our strata corporation, but it has a different pet bylaw. Which bylaw applies?





May the spouse of an owner who is not on title to a strata lot stand for council?





An owner has some persons living with her that are under the age of 45. The strata corporation has a bylaw stating that all persons who occupy a strata lot must be over the age of 45. How do we enforce the bylaw?





Our strata corporation recently filed a bylaw in the Land Title Office and the bylaw may be contrary to the Strata Property Act or any other legislation. Is it possible to file bylaws in the Land Title Office that are contrary to the Act?





May a strata corporation have a rule that prohibits live Christmas trees?





May a strata corporation prevent an owner from voting if the strata lot is in arrears of strata fees?





May a strata corporation require an owner to reside in a strata lot for one year (or another period of time) before being allowed to rent the owner’s strata lot?

Common Property





My strata corporation consists of two sections – commercial and residential. The residential section has a limited common property lobby area with furniture that is looking worn and should be replaced. Do all owners have to pay for the new furniture?





Every owner in our development has a balcony that is accessible only through a strata lot. Are these balconies common property or limited common property?





The strata council has received a request from an owner for permission to use a space as storage located under some stairs adjacent to the electrical room. This is common property. May the council do that?





If an owner wants to install a skylight, is a 3/4 vote of the strata corporation required?





May a strata corporation change a common property roof with access for all to a private access roof for some strata lot owners?





Our strata corporation would like to have a resident caretaker's suite in the building. May the strata corporation buy a strata lot for this purpose?





My strata corporation consists of two identical buildings each with 40 residential strata lots. The furniture in the lobby of one of the buildings is looking rather worn and we would like to purchase new furniture and pay for it by a special levy. Do all strata lots pay the special levy?





Our strata corporation is entering into a contract to repaint the exterior of our building. The contract refers to the complex as Mountain Oaks, which is our building name. What is our strata corporation's legal name for purposes of a contract?





A strata corporation has a bylaw that prohibits the posting of signs in a strata lot or on common property. An owner wants to put an election sign in the window of his strata lot. Does that contravene the bylaw?





A company that provides cell phone communications services approached the strata corporation to place a communications tower on the roof of the strata's building. Does the strata corporation need approval of the owners in order to allow this?





An owner is in arrears of strata fees and the strata corporation is responsible for repairing certain damage inside the owner’s strata lot. May the strata corporation delay repairing the damage in the owner’s unit until the owner pays the arrears?

Contingency Reserve Fund





When an owner sells a strata lot, does the seller get a return of any funds from the contingency reserve fund?





The strata corporation has a significant amount in the contingency reserve fund. An owner who is selling their strata lots has requested a return of the owner's proportionate share of the contingency reserve fund. Is the strata corporation required to do this?





May the council approve an expenditure from the contingency reserve fund without asking the owners?





Our council wants to pass a resolution by 3/4 vote at a general meeting to allow strata council to spend small amounts up to a total of $5,000.00 from the contingency reserve fund without obtaining the owners' approval for each expenditure. Can the council do this?





Our operating fund is overspent. May the strata council use money from the contingency reserve fund to cover the shortfall?

Council Members





May a strata corporation prevent an owner from standing for council if the strata lot is in arrears of strata fees?





May an owner who is a realtor stand for strata council?





Our strata corporation wants to pay one of the council members for some work the council member did on behalf of the strata corporation. May we do that?

Fines & Fees





Can a strata corporation charge interest on late strata fees?





What is the maximum rate of interest that a strata corporation can apply to strata fees?





At the last AGM, the strata corporation did not approve the budget for next year. Do I still have to pay strata fees? If so, how much are my strata fees?





May a strata corporation prevent an owner from standing for council if the strata lot is in arrears of strata fees?





May a strata corporation charge interest on overdue strata fees?





The council wants to levy a fine for contravention of a bylaw. What are the procedures to follow?





Our strata corporation is very large, but has very few visitor parking spaces. With visitor parking at such a premium, we adopted a bylaw to fine an owner $250.00 for parking in visitor parking. We just found out that the maximum fine in the Strata Property Act for this type of bylaw is $200.00. May we fine $200.00 instead?





A strata corporation has a bylaw that permits it to apply the same fine for contravention of each and every bylaw. Is this appropriate?





The strata corporation filed a lien on the title to a strata lot for unpaid strata fees. It was filed over a year ago and since then the amount owing has doubled. Does the strata corporation need to file another lien and revise the amount owing?





May a strata corporation register a lien on the title to an owner’s strata lot if the owner has been assessed fines for breach of bylaws and failed to pay those fines?





May a strata corporation prevent an owner from voting if the strata lot is in arrears of strata fees?





An owner is in arrears of strata fees and the strata corporation is responsible for repairing certain damage inside the owner’s strata lot. May the strata corporation delay repairing the damage in the owner’s unit until the owner pays the arrears?





An owner has not paid strata fees and now the strata lot is being sold. May the strata corporation collect these arrears from the new owner?

General Meetings





What happens if the operating budget does not pass at the annual general meeting?





Can the owners request a special general meeting?





Can a resident caretaker hold a proxy for general meeting?





Our strata corporation has a painting that was provided by the developer as per the disclosure statement. We have had the painting appraised and found out it is worth $60,000. The strata council wants to sell it and use the money for future expenses of the strata corporation. Is this allowed?





At a special general meeting held recently, the council announced that the Annual General Meeting would be moved from February to September. Is there anything that may be done to stop this?





Our strata corporation has a bylaw that says: if there is a tie vote at an annual or special general meeting, the president may break the tie by casting a second, deciding vote. Does this bylaw apply to a resolution that must be passed by a 3/4 vote?





What is the threshold required for a vote to amend the budget presented at an annual general meeting?

General





Can the Strata Council refuse an owner’s request for a hearing?





What is a hearing for the purposes of the Strata Property Act?





Can former owners or tenants request access to or copies of the Strata Corporation’s records?





Can the strata corporation deliver notices via email?





Can an owner deliver notice to a strata corporation via email?





There are only two strata lots in our development. Does the Strata Property Act apply to us?

Insurance





An owner of a strata lot negotiated with the owner developer to install hardwood floors and other upgrades to his strata lot during the original construction of the building. This is the only strata lot in the building with these upgrades. Does the strata corporation have to insure these upgrades?





A tenant has been named as a defendant in a lawsuit commenced by a visitor who tripped and fell on the common property, suffering personal injury. Is the tenant entitled to the benefit of the strata corporation's liability insurance?





What is the minimum liability insurance coverage required for a strata corporation?





The strata corporation has obtained $1.5 million in liability coverage - is that enough?





At the AGM, council said nothing about insurance. Is that a breach of the Act?





How long must a strata corporation retain copies of insurance policies?





Council refuses to allow an owner permission to look at or obtain a copy of the strata corporation's insurance policy. May council do that?

Law Suits





A strata corporation is served with a writ. How soon does the strata corporation have to notify the owners of the law suit?





A strata corporation wants to start legal action and sue an owner to collect outstanding strata fees. Does the strata corporation need to pass a resolution by a 3/4 vote to authorize the law suit?

Limited Common Property





My strata corporation consists of two sections – commercial and residential. The residential section has a limited common property lobby area with furniture that is looking worn and should be replaced. Do all owners have to pay for the new furniture?





Every owner in our development has a balcony that is accessible only through a strata lot. Are these balconies common property or limited common property?





How do we know if our balconies are common property or limited common property when each strata lot has a private balcony that no one else can access? Does that mean it is limited common property?





An owner says that the balconies and patios are limited common property because only one owner has access. How does a strata corporation know if a balcony is common property or limited common property?

Non-residential Strata Lots





My strata corporation has both residential and non-residential strata lots. The residential strata lots have enough votes to pass amendments to the bylaws without considering the non-residential strata lots. Can the residential strata lots pass bylaws over the objections of the non–residential strata lots?





Is the owner of a non-residential strata lot required to provide a Form K - Notice of Tenant's Responsibilties to the strata corporation?





Is a strata corporation that is comprised of both residential and non-residential strata lots required to have separate sections?

Personal Property





Our strata corporation has a painting that was provided by the developer as per the disclosure statement. We have had the painting appraised and found out it is worth $60,000. The strata council wants to sell it and use the money for future expenses of the strata corporation. Is this allowed?





Is it necessary for the owners to approve the purchase of equipment for our exercise room?

Pets





A strata corporation passed a bylaw two years ago prohibiting pets. An owner wishes to sell the owner's strata lot, but the prospective buyer has a pet. Is a "no pet" bylaw enforceable?





Our strata corporation has a bylaw that prohibits dogs that was passed under the Condominium Act and filed in the Land Title Office. The strata corporation never filed any new bylaws when the the Strata Property Act came in. According to the Strata Property Act, the Schedule of Standard Bylaws applies to our strata corporation, but it has a different pet bylaw. Which bylaw applies?

Privacy





An owner is requesting contact information for all owners. Must the strata corporation provide this information? What about privacy legislation?





As a property manager, we frequently receive phone calls from strata owners requesting information about themselves, for example, what is their outstanding balance for their strata fees. Is this "Personal Information" and, if so, to what length do property management companies need to go in order to ensure that we are speaking to that individual?

Rentals





Where do we obtain a copy of our Rental Disclosure Statement?





Our strata corporation has a bylaw that prohibits rentals. One owner wants to rent to her sister. Since she is a family member, would that exempt the strata lot from the bylaw?





Our strata corporation has 5 owners who have foreign students living with them in their strata lot. The strata corporation has a bylaw limiting the number of rentals to 2. Are these students tenants?





May a strata corporation require an owner to reside in a strata lot for one year (or another period of time) before being allowed to rent the owner’s strata lot?

Sale of Strata Lots





May we have a bylaw that requires real estate showings to be by appointment only?





Our strata corporation does not want to allow any real estate signs. May we ban them?





May a strata corporation adopt a bylaw that prohibits owners from holding an open house in connection with the sale of a strata lot?

Separate Sections





My strata corporation consists of two sections – commercial and residential. The residential section has a limited common property lobby area with furniture that is looking worn and should be replaced. Do all owners have to pay for the new furniture?





Our strata corporation has residential and non-residential strata lots. We have always had a single strata council and share one operating fund and contingency reserve fund. Are we required to have separate sections?

Signs





Our strata corporation does not want to allow any real estate signs. May we ban them?





A strata corporation has a bylaw that prohibits the posting of signs in a strata lot or on common property. An owner wants to put an election sign in the window of his strata lot. Does that contravene the bylaw?

Small Strata Corporations





We have only 2 strata lots in our strata corporation. Does the Strata Property Act apply to us?





Our strata corporation has only 6 strata lots. Are we obliged to give notice of meetings as provided in the Strata Property Act?





Does the Strata Property Act apply to duplex stratas?

Special Levies





My strata corporation consists of two sections – commercial and residential. The residential section has a limited common property lobby area with furniture that is looking worn and should be replaced. Do all owners have to pay for the new furniture?





Our strata corporation passed a resolution authorizing a special levy in May. The resolution states that levy is payable in three equal instalments on the first day of July, August and September. If an owner sells a strata lot on July 15, who pays the special levy?





My strata corporation consists of two identical buildings each with 40 residential strata lots. The furniture in the lobby of one of the buildings is looking rather worn and we would like to purchase new furniture and pay for it by a special levy. Do all strata lots pay the special levy?





A strata corporation passed a resolution by a 3/4 vote authorizing a special levy for renewal of the landscaping around the building. Some of those funds are unspent and the landscaping is done. May the strata corporation use those surplus funds for new furniture in the lobby.

Strata Agent





Our strata corporation has decided to retain a strata agent to manage us. Does the hiring of a strata agent require a ¾ vote of the owners at a general meeting?

Strata Plans





Does a strata corporation have to keep a copy of the strata plan?

Unapproved Expenditures





How much may a strata corporation spend from the operating fund, if the expenditure in not an emergency and the expenditure was not approved at the time of approval of the annual budget?

User Fees





Our strata corporation has a guest suite and we want to institute a fee for its use. May we state the fee in the minutes of council meetings and change it from time to time?





May a strata corporation charge a user fee for the use of an amenity?

Voting & Governance





Can an owner give a proxy via email?





My strata corporation has both residential and non-residential strata lots. The residential strata lots have enough votes to pass amendments to the bylaws without considering the non-residential strata lots. Can the residential strata lots pass bylaws over the objections of the non–residential strata lots?





Our strata corporation has a council member who is not on title to the strata lot, however, she is the spouse of the strata lot owner. May she be a council member?





If every owner who attends a general meeting votes in favour of a resolution. Is that a unanimous vote?





May the strata corporation ban proxies?





If there are 40 eligible voters present in person or by proxy at a general meeting and 8 abstain from voting, how many votes are required to pass a resolution by a 3/4 vote?





Is a proxy a record of the strata corporation that must be provided to an owner on written request?





May a strata manager hold a proxy?





If the strata corporation is the owner of a strata lot, who exercises the vote for that strata lot?





Our strata corporation is entering into a contract to repaint the exterior of our building. The contract refers to the complex as Mountain Oaks, which is our building name. What is our strata corporation's legal name for purposes of a contract?





May council members be paid to perform their duties?





How much notice is required before holding a special general meeting?





If a council member is not available to attend a council meeting, may the council member give his/her proxy to another?





A number of owners who live outside the strata plan are sending in their proxies by email because they do not have a fax machine and therefore the proxies are not on the "official" proxy form that was sent out with notice of the general meeting. The owners state the purpose of the proxy and to whom it is given. When we print out the email, it includes their return email address. Is that sufficient to meet the needs for a proxy?





An owner gives a Power of Attorney to a friend to manage the owner's affairs with respect to their strata lot. May the person with the Power of Attorney stand for election to council?





May the spouse of an owner who is not on title to a strata lot stand for council?





May a strata corporation prevent an owner from voting if the strata lot is in arrears of strata fees?





At a recent special general meeting, everyone at the meeting voted in favour of the resolution. Is that a unanimous vote?

Disclaimer:

This FAQ section is for informational purposes only, for the convenience of our visitors. While these questions and answers are about legal issues, they are not a substitute for consultation with a lawyer, and should not be relied on as a basis for any legal decision. As with anything of a legal nature, different circumstances can create different results.