Residential long term tenants have the same rights and obligations as landlords under the Act, Regulations, bylaws and rules (with the exceptions noted below) for the duration of the lease. However, before exercising any rights of the landlord, long term tenants must provide the strata corporation with written notice of:
Exceptions: Long term tenants may never, without the consent of the owner, exercise any right of an owner to: acquire or dispose of land; cancel or amend the strata plan; or do anything which would affect the owner's interest in the strata lot, common property or land that is a common asset.]
give written notice of the assignment to the strata corporation stating what rights and obligations are assigned to the tenant; the name of the tenant; and the time period that the assignment is effective. [Exception: The owner's responsibility to pay the cost of remedying contraventions or fines on behalf of the tenant cannot be assigned to the tenant.]
A strata corporation is created to divide a building(s) and/or a parcel of land into separate components individually owned and common components owned by all of the owners. The strata plan will show the separately and commonly owned components of the building(s) and/or land:
The strata corporation is a legal entity with all of the powers of a natural person who has full capacity. This means that it can sue others, be sued by others, enter into contracts with others and hire employees. The owners of the strata lots are the members of the strata corporation. If a strata corporation is responsible for paying a judgment, the owners are personally liable to pay a portion of the judgment in proportion to their unit entitlement. A strata corporation does not have limited liability like a company.
The strata corporation is responsible for managing and maintaining the common property and assets of the strata development for the benefit of all of its owners. The specific obligations of the strata corporation are usually performed by the strata council, or agents or employees which it hires. Additionally, the strata council will also perform its own obligations which are imposed by the Act and Regulations on the strata council, and will benefit the strata corporation. The specific obligations of the strata corporation which are set out in the Act and Regulations are:
Decisions of the strata corporation are made by either the eligible voters in the strata corporation or the strata council in the following manner:
Strata corporations are democratic, and run on democratic principals, such as the following:
A strata corporation creates a community of strata owners. The right of an owner to use and enjoy his or her property will be limited by rules, bylaws and decisions of the strata corporation which are in the community interest. The obligations and limitations placed on a strata lot owner may be significantly greater than an owner who lives in a non-strata titled house.
For instance:
The strata corporation can pass a resolution by majority vote at general meetings to direct or restrict the actions of the strata council. However, the strata corporation can never restrict or limit the strata council if the restriction or limitation:
The following persons are eligible to sit on strata council:
The strata council is elected every year at the annual general meeting. The number of persons on the strata council is determined by the bylaws. The number of strata council members set out in the Standard Bylaws is between three and seven members. However, if there are fewer than four lots or four owners, then all owners are required to sit on the strata council.
The following provisions dealing with strata council terms and the early removal from a term are set out in the Standard Bylaws:
Strata council members may be paid if their pay is permitted by one of the following:
The following provisions dealing with strata council meetings are set out in the Standard Bylaws:
Under the Interpretation Act, if the reference to time includes phrases such as "clear" days or weeks, or "at least" in reference to days or weeks, the time must be calculated by excluding the first day and the last day of the period. Another way of thinking about the days that must be excluded is to think that nothing can happen on those days. Thus, when calculating the number of days within the one week notice period for calling a strata council meeting, the day the notice is given cannot be counted as one of the days. The strata council meeting cannot take place on the last day of the notice period. It can only take place on any of the days following the last day of the notice period.
In exercising the powers and performing the duties of the strata corporation, each council member must act honestly and in good faith with a view to the best interests of the strata corporation, and exercise the care, diligence and skill of a reasonably prudent person in comparable circumstances. The Standard Bylaws provide that strata council members are not personally liable for anything they do or do not do in the course of acting as a strata council member, so long as they are acting honestly and in good faith. However, strata council members will still be liable for judgments against the strata corporation in their capacity as owner. The strata corporation can obtain errors and omissions insurance to insure strata council members for any liability resulting from mistakes incurred while acting as a strata council member. However, before obtaining such insurance, the strata corporation may wish to amend the Standard Bylaws, in order to remove the bylaw which limits the personal liability of strata council members.
Strata council members must ensure that they refrain from acting in their capacity as strata council member if their personal interests conflict with those of the strata corporation. Strata council members must:
The specific duties of the strata council include the following:
If no eligible person or not enough eligible people in a strata corporation are willing to sit on the strata council, then the strata corporation, or an owner, tenant, mortgagee or other person having an interest in a strata lot, may apply to the Supreme Court for the appointment of an administrator to exercise the powers and perform the duties of the strata corporation. The court may appoint an administrator if, in the court's opinion, the appointment of an administrator is in the best interests of the strata corporation. This may resUlt in the administrator taking on the responsibilities of the strata council, but it may also eliminate or interfere with the normal democratic functioning of the strata corporation and the rights of owners under the Act. In particular, the court may:
The Act makes numerous references to owners. Under the Act, an owner includes an Owner Developer, and can be any of the following persons:
An owner of a strata lot owns the following:
Pay regular strata fees, usually in proportion to their unit entitlement, on the date set out in the bylaws, which is the first day of each month under Standard Bylaw 1;
In order for a strata corporation to function effectively, strata lot owners should be willing to do the following:
No, the meeting is likely still valid.
Whether you disagree with the budget or may not have received approval from the corporation for your proposal or other matter which has you disgruntled, there are no valid reasons to withhold your monthly fees and you may be subject to fines.
A strata corporation cannot force an owner to move.
The council typically makes the daily decisions with respect to performance of contracts and project completion unless directed by the majority of owners.
There are no strata police but there is a court system.
No, unfortunately there are no refunds on contributions to the contingency reserve fund.
Research matters well before purchasing or renting a strata lot. There are democratic procedures available to every owner, and some tenants if you disagree with something but use discretion before rocking the boat. What seems wrong to you may be right to everyone else. You may wish to exercise your rights but if unsuccessful, you may choose to move if you cannot live with the current arrangements.
If a bylaw was registered after a pet was brought into the strata community, the pet (and others at the time) will likely have been exempted from the bylaw.
Is the space outside your unit designated as common property? If so, it is for everyone's use.
While certainly an effective way to influence future decisions, joining council is about acting in the ownerships better interest, and may sometimes be in violation of your own. Joining council is a selfless act, not a selfish one.
As does the inflation rate. Ask "why?" rather than "by how much?"
AGM/SGM's require 14 to 21 days notice, and council meetings require 7. Other forms of notice may be required for booking a common facility, moving activity, booking an elevator. See your bylaws. Remember to add 2 days under the Interpretation Act.
You need to write a letter to your council providing specific details relevant to your request. Once written permission is granted, you may proceed subject to the Act, your bylaws/rules, and the council's directions. You may be required to obtain permits and other approvals including an engineering report in some cases. Your council may also require that you agree to specific terms including responsibility for insuring and repairing.
Issuing reasonable time to rectify an infraction is in order before the corporation levies a prescribed fine.