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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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