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                                This Act is current to August 12, 2020
                                See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

                                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
                                86Builders 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 Dispute Resolution
                                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
                                178.1Effect of tribunal proceeding 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
                                Division 5 — Civil Resolution Tribunal
                                189.1Strata corporations, owners and tenants initiating tribunal proceeding
                                189.2-189.3Repealed
                                189.4Suit requirements and procedures apply
                                189.5Repealed
                                189.6Repealed
                                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
                                273.1Confirmation by court of winding-up resolution
                                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
                                278.1Confirmation by court of winding-up resolution
                                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
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