4 Strata Corporation Functions Through Council

CASE LAW

Delegation to Strata Council

Section 4 of the Strata Property Act and s. 118(1) of the Condominium Act both provide that the powers and duties of the strata corporation must be exercised and performed by the strata council. The following case, decided under the Condominium Act, affirms this principle.

The plaintiffs, owners of a strata lot in a retail shopping complex, sought to have a use bylaw set aside on the grounds, in part, that a strata corporation cannot delegate its power to regulate the use of strata lots to a strata council. Section 118(1) of the bylaws under Part 5 of the Condominium Act clearly contemplated the delegation of the powers and duties of a strata corporation to a strata council. The bylaws of the defendant strata corporation contained a provision virtually identical to s. 118(1), and they constituted a valid delegation of the corporation’s powers and duties to its strata council (Kok v. Strata Plan LMS 463, 1999 CanLII 6382 (BC SC)).