In This Volume
Part 1—Definitions and Interpretation
Overview of Part 1 [§58.3]
1 Definitions and interpretation [§58.4]
Part 2—The Strata Corporation
Overview of Part 2 [§58.5]
2 Establishment of strata corporation [§58.6]
3 Responsibilities of strata corporation [§58.7]
4 Strata corporation functions through council [§58.8]
Part 3—The Owner Developer
Overview of Part 3 [§58.9]
Division 1—General
5 Owner developer’s control of strata corporation [§58.10]
6 Owner developer’s standard of care [§58.11]
Division 2—The Owner Developer and the Strata Corporation Before Strata Lots Are Conveyed
7 Owner developer to pay expenses [§58.12]
8 Passing resolutions before first conveyance [§58.13]
Division 3—The Owner Developer and the Strata Corporation After the First Conveyance
9 Owner developer may be restricted [§58.14]
10 Restriction on contracting powers [§58.15]
11 Passing resolutions after first conveyance [§58.16]
12 Owner developer to establish contingency reserve fund [§58.17]
13 Interim budget following first conveyance [§58.18]
14 Payments during period of interim budget [§58.19]
15 Minimum period of insurance coverage [§58.20]
16 First annual general meeting to be held by owner developer [§58.21]
17 Owners may hold first annual general meeting [§58.22]
18 Money owed by owner developer [§58.23]
19 Chair of first annual general meeting [§58.24]
20 Business at first annual general meeting [§58.25]
21 First annual budget requirements [§58.26]
22 Transfer to council [§58.27]
23 Access to owner developer’s financial records [§58.28]
24 Strata management contracts [§58.29]
Part 4—Strata Corporation Governance
Overview of Part 4 [§58.30]
Division 1—The Council
25 Election of council [§58.31]
26 Council exercises powers and performs duties of strata corporation [§58.32]
27 Control of council [§58.33]
28 Eligibility for council [§58.34]
29 Membership on council [§58.35]
30 Contracts not invalidated [§58.36]
31 Council member’s standard of care [§58.37]
32 Disclosure of conflict of interest [§58.38]
33 Accountability [§58.39]
34 Approval of council member remuneration [§58.40]
34.1 Request for council hearing [§58.41]
Division 2—Records
35 Strata corporation records [§58.42]
36 Access to records [§58.43]
37 Strata manager to return records [§58.44]
Division 3—Contracts
38 Capacity to enter contracts and join organizations [§58.45]
39 Cancellation of strata management contracts [§58.46]
Division 4—Annual General Meetings and Special General Meetings
40 Annual general meeting [§58.47]
41 Waiver of annual general meeting [§58.48]
42 Special general meeting called by strata corporation [§58.49]
43 Special general meeting called by voters [§58.50]
44 Waiver of special general meeting [§58.51]
45 Notice requirements for annual or special general meeting [§58.52]
46 Agenda and resolutions at an annual or special general meeting [§58.53]
47 Failure to give proper notice of meeting [§58.54]
48 Quorum for annual or special general meeting [§58.55]
49 Electronic attendance at annual and special general meetings [§58.56]
50 Voting at annual or special general meetings [§58.57]
51 Reconsideration of resolution passed by 3/4 vote [§58.58]
52 Unanimous votes [§58.59]
Division 5—Voting
53 Number of votes per strata lot [§58.60]
54 Voters [§58.61]
55 Special voters [§58.62]
56 Proxies [§58.63]
57 Shared vote [§58.64]
58 Court appointed voter [§58.65]
Division 6—Information Certificate
59 Information Certificate [§58.66]
Division 7—Giving Notice and Providing Information
60 Notice to mortgagee [§58.67]
61 Notice given by strata corporation [§58.68]
62 Address of strata corporation [§58.69]
63 Notice given to strata corporation [§58.70]
64 Legal service on strata corporation [§58.71]
65 Informing resident owners and tenants [§58.72]
Part 5—Property
Overview of Part 5 [§58.73]
Division 1—General Property Matters
66 Ownership of property [§58.74]
67 Assessment and taxation [§58.75]
68 Strata lot boundaries [§58.76]
69 Implied easements [§58.77]
70 Changes to strata lot [§58.78]
71 Change in use of common property [§58.79]
72 Repair of property [§58.80]
Division 2—Limited Common Property and Exclusive Use of Common Property
73 Designation of limited common property [§58.81]
74 Designation of limited common property by 3/4 vote [§58.82]
75 Removal of designation of limited common property [§58.83]
76 Short term exclusive use [§58.84]
77 Access to common property by strata corporation [§58.85]
Division 3—Property Acquisition and Disposal
78 Acquisition of land by strata corporation [§58.86]
79 Disposal of land held in strata corporation’s name [§58.87]
80 Disposal of common property [§58.88]
81 Strata corporation must not mortgage common property [§58.89]
82 Acquisition and disposal of personal property by strata corporation [§58.90]
Division 4—Work Orders
83 Work order against strata corporation property [§58.91]
84 Work order against strata lot [§58.92]
85 Owner’s failure to comply with work order [§58.93]
Division 5—Builders Liens and Other Charges
86 Builders Lien Act applies [§58.94]
87 Builders liens against strata lots in phased strata plans [§58.95]
88 Builders lien after purchase from owner developer [§58.96]
89 Removal of claim of lien after purchase from owner developer [§58.97]
90 Removal of liens and other charges [§58.98]
Part 6—Finances
Overview of Part 6 [§58.99]
Division 1—Operating Fund and Contingency Reserve Fund
91 Strata corporation responsible for common expenses [§58.100]
92 Operating fund and contingency reserve fund [§58.101]
93 Minimum and maximum contributions to contingency reserve fund [§58.102]
94 Depreciation report [§58.103]
95 Management of contingency reserve fund [§58.104]
96 Expenditures from contingency reserve fund [§58.105]
97 Expenditures from operating fund [§58.106]
98 Unapproved expenditures [§58.107]
Division 2—Contribution to Expenses
99 Calculating strata fees [§58.108]
100 Change to basis for calculation of contribution [§58.109]
101 No return of contributions on sale of strata lot [§58.110]
Division 3—Budgets
102 Change of fiscal year end [§58.111]
103 Budget requirements [§58.112]
104 Failure to approve budget [§58.113]
105 Budget surpluses and deficits [§58.114]
106 Informing owners of strata fees [§58.115]
107 Payment of strata fees [§58.116]
Division 4—Special Levies and User Fees
108 Special levy [§58.117]
109 Payment of special levy when strata lot sold [§58.118]
110 User fees [§58.119]
Division 5—Borrowing Powers of Strata Corporation
111 Strata corporation may borrow [§58.120]
Division 6—Money Owing to Strata Corporation
112 Notice to owner or tenant of money owing to strata corporation [§58.121]
113 Notice to mortgagee [§58.122]
114 Disputed debt [§58.123]
115 Certificate of Payment [§58.124]
116 Certificate of Lien [§58.125]
117 Forced sale of owner’s strata lot to collect money owing [§58.126]
118 Costs added to amount owing [§58.127]
Part 7—Bylaws and Rules
Overview of Part 7 [§58.128]
Division 1—General
119 Nature of bylaws [§58.129]
120 Standard Bylaws [§58.130]
121 Unenforceable bylaws [§58.131]
122 Bylaws relating to sale of strata lot [§58.132]
123 Limits to pet bylaws [§58.133]
123.1 Age restriction bylaws [§58.134]
123.2 Limits to age restriction bylaws [§58.135]
124 Voluntary dispute resolution bylaw [§58.136]
125 Rules [§58.137]
Division 2—Amending the Bylaws
126 Amendment of bylaws [§58.138]
127 Amendment of bylaws before second annual general meeting [§58.139]
128 Bylaw amendment procedures [§58.140]
Division 3—Enforcing the Bylaws and Rules
129 Enforcement options [§58.141]
130 Fines [§58.142]
131 Landlord’s and owner’s responsibility for fines and costs incurred by tenant [§58.143]
132 Maximum fines [§58.144]
133 Strata corporation may remedy a contravention [§58.145]
134 Denial of access to recreational facility [§58.146]
135 Complaint, right to answer and notice of decision [§58.147]
136 Complaint against council member [§58.148]
137 Eviction by landlord [§58.149]
138 Eviction by strata corporation [§58.150]
Part 8—Rentals
Overview of Part 8 [§58.151]
139 Repealed [§58.152]
140 Repealed [§58.153]
141 No restriction of rentals by strata corporation [§58.154]
142 Repealed [§58.155]
143 Repealed [§58.156]
144 Repealed [§58.157]
145 Repealed [§58.158]
146 Landlord to give bylaws, rules and Notice of Tenant’s Responsibilities to tenant [§58.159]
147 Assignment of powers and duties to tenant [§58.160]
148 Long term lease [§58.161]
Part 9—Insurance
Overview of Part 9 [§58.162]
149 Property insurance required for strata corporation [§58.163]
150 Liability insurance required for strata corporation [§58.164]
151 Errors and omissions insurance [§58.165]
152 Optional strata corporation insurance [§58.166]
153 Insurable interest [§58.167]
154 Review and report on insurance [§58.168]
155 Named insureds [§58.169]
156 Payment of insurance proceeds [§58.170]
157 Application of insurance money [§58.171]
158 Insurance deductible [§58.172]
159 Decision not to repair or replace [§58.173]
160 Court orders [§58.174]
161 Owner’s insurance [§58.175]
162 Contribution [§58.176]
Part 10—Legal Proceedings and Dispute Resolution
Overview of Part 10 [§58.177]
Division 1—Suits Against the Strata Corporation
163 Strata corporation may be sued [§58.178]
164 Preventing or remedying unfair acts [§58.179]
165 Other court remedies [§58.180]
166 Owner’s liability for judgment against strata corporation [§58.181]
167 Defending suits [§58.182]
168 Strata corporation may join owner [§58.183]
169 Limit on owner’s responsibility for costs [§58.184]
Division 2—Suits by the Strata Corporation
170 Suits against owners [§58.185]
171 Strata corporation may sue as representative of all owners [§58.186]
172 Strata corporation may sue on behalf of some owners [§58.187]
173 Other court remedies [§58.188]
Division 2.1—Validity of Suits and Arbitrations
173.1 Validity of suits and arbitrations undertaken by strata corporation [§58.189]
Division 3—Administrator of Strata Corporation
174 Appointment of administrator [§58.190]
Division 4—Arbitration
175 Application of this Division [§58.191]
176 Suit requirements and procedures apply [§58.192]
177 Disputes that can be arbitrated [§58.193]
178 Effect of court proceedings on arbitration [§58.194]
178.1 Effect of tribunal proceeding on arbitration [§58.195]
179 Beginning arbitration [§58.196]
180 Consolidation of disputes [§58.197]
181 Mediation [§58.198]
182 Notice of arbitration [§58.199]
183 Arbitration procedures [§58.200]
184 Examination and evidence [§58.201]
185 Arbitrator’s decision [§58.202]
186 Costs [§58.203]
187 Decision final [§58.204]
188 Appeal to court [§58.205]
189 Enforcement of decision [§58.206]
Division 5—Civil Resolution Tribunal
189.1 Strata corporations, owners and tenants initiating tribunal proceeding [§58.207]
189.4 Suit requirements and procedures apply [§58.208]
189.6 [Repealed] [§58.209]
Part 11—Sections
Overview of Part 11 [§58.210]
190 Act applies to strata corporation with sections [§58.211]
191 Sections allowed [§58.212]
192 Creation of sections by owner developer [§58.213]
193 Creation or cancellation of sections by strata corporation [§58.214]
194 Powers and duties of section [§58.215]
195 Expenses of section [§58.216]
196 Administration of section [§58.217]
197 Bylaws and rules for section [§58.218]
198 Judgments against strata corporation relating to section [§58.219]
Part 12—Leasehold Strata Plans
Overview of Part 12 [§58.220]
199 Definitions [§58.221]
200 Act applies to leasehold strata plans [§58.222]
201 Deposit of leasehold strata plan [§58.223]
202 New indefeasible title [§58.224]
203 Conversion of ground lease [§58.225]
204 Signature of leasehold landlord not required [§58.226]
205 Obligations under strata lot lease [§58.227]
206 Restrictions on lease, assignment or occupancy of strata lot [§58.228]
207 Change to restrictions [§58.229]
208 Duties of strata corporation [§58.230]
209 Leasehold landlord’s remedies on leasehold tenant’s default [§58.231]
210 Renewal of strata lot lease [§58.232]
211 Renewal terms [§58.233]
212 Renewal of fewer than 2/3 of strata lot leases [§58.234]
213 Destruction of buildings [§58.235]
214 Purchase of leasehold tenant’s interest on termination [§58.236]
215 Cancellation of strata plan [§58.237]
216 Conversion to freehold strata plan [§58.238]
Part 13—Phased Strata Plans
Overview of Part 13 [§58.239]
217 Definition [§58.240]
218 Act applies to phased strata plan [§58.241]
219 Owner developer in phased strata plan [§58.242]
220 Transfer of owner developer’s interest [§58.243]
221 Deposit of phased strata plan in land title office [§58.244]
222 Approval of Phased Strata Plan Declaration [§58.245]
223 Security for common facilities [§58.246]
224 Approval of phase [§58.247]
225 Approving officer’s approval for common facilities [§58.248]
226 Release of security [§58.249]
227 Owner developer’s contribution to expenses [§58.250]
228 Effect of deposit of phase [§58.251]
229 Notification of deposit of subsequent phase [§58.252]
230 Annual general meeting after deposit of subsequent phase [§58.253]
231 Deemed election to proceed [§58.254]
232 Amendment of declaration to extend time for election [§58.255]
233 Other amendments to declaration [§58.256]
234 Matters that apply to amendment of declaration [§58.257]
235 Election not to proceed [§58.258]
236 Delay in proceeding [§58.259]
237 Development after election not to proceed requires approval [§58.260]
238 Building permit [§58.261]
Part 14—Land Titles
Overview of Part 14 [§58.262]
239 Effect of deposit of strata plan [§58.263]
240 Title requirements for deposit of strata plan [§58.264]
241 Endorsement of nonoccupancy [§58.265]
242 Approval for conversion of previously occupied buildings [§58.266]
243 Approval of bare land strata plan [§58.267]
244 Strata plan requirements [§58.268]
245 Strata plans: accompanying documents [§58.269]
246 Schedule of Unit Entitlement [§58.270]
247 Schedule of Voting Rights not approved by superintendent [§58.271]
248 Schedule of Voting Rights approved by superintendent [§58.272]
249 Registrar must deposit [§58.273]
250 General index [§58.274]
251 Common property [§58.275]
252 Common property record [§58.276]
253 Subdivision of common property [§58.277]
254 Certificate of Strata Corporation [§58.278]
255 Acquisition of land [§58.279]
256 Certificate of Payment required [§58.280]
Part 15—Strata Plan Amendment and Amalgamation
Overview of Part 15 [§58.281]
Division 1—Strata Plan Amendment
257 Amending strata plan to designate limited common property [§58.282]
258 Parking designated by owner developer as limited common property [§58.283]
259 Amending strata plan to add to, consolidate or divide a strata lot [§58.284]
260 Exceptions to requirement for unanimous vote [§58.285]
261 Amending Schedule of Unit Entitlement [§58.286]
262 Amending strata plan to make land held by strata corporation into new strata lot [§58.287]
263 Amending strata plan to add a strata lot to common property [§58.288]
264 Calculation of unit entitlement and voting rights following amendment [§58.289]
265 Amending strata plan to make common property into land held by the strata corporation [§58.290]
266 Amending strata plan to add land held by strata corporation to the common property [§58.291]
267 Registrar’s duties on amendment [§58.292]
268 Easements following amendment [§58.293]
Division 2—Amalgamation
269 Amalgamation [§58.294]
270 Registrar’s duties on amalgamation [§58.295]
271 Effect of amalgamation [§58.296]
Part 16—Cancellation of Strata Plan and Winding Up of Strata Corporation
Overview of Part 16 [§58.297]
Division 1—Voluntary Winding Up Without Liquidator
272 Vote to cancel strata plan and become tenants in common [§58.298]
273 Conversion schedule [§58.299]
273.1 Confirmation by court of winding-up resolution [§58.300]
274 Application to registrar [§58.301]
275 Registrar’s order [§58.302]
Division 2—Voluntary Winding Up With Liquidator
276 Application of the Business Corporations Act to voluntary winding up of strata corporation [§58.303]
276.1 Disposal of books and papers of strata corporation [§58.304]
277 Appointment of liquidator [§58.305]
278 Interest schedule [§58.306]
278.1 Confirmation by court of winding-up resolution [§58.307]
279 Vesting order [§58.308]
280 Filing vesting order [§58.309]
281 Effect of filing vesting order [§58.310]
282 Approval of disposition [§58.311]
283 Filing of application for dissolution [§58.312]
Division 3—Court Ordered Winding Up
284 Application for court order to wind up strata corporation [§58.313]
285 Winding up [§58.314]
Division 4—General
286 Application [§58.315]
287 Plan cancellation provisions of Land Title Act do not apply [§58.316]
288 Delivery of duplicate title [§58.317]
289 Priorities must be resolved [§58.318]
Part 17—General
Overview of Part 17 [§58.319]
290 Offences [§58.320]
291 Application of other laws [§58.321]
291.1 Personal liability protection [§58.322]
292 Power to make regulations [§58.323]
293 Transitional [§58.324]
Schedule of Standard Bylaws
Overview of Schedule of Standard Bylaws [§58.325]
Division 1—Duties of Owners, Tenants, Occupants and Visitors
1 Payment of strata fees [§58.326]
2 Repair and maintenance of property by owner [§58.327]
3 Use of property [§58.328]
4 Inform strata corporation [§58.329]
5 Obtain approval before altering a strata lot [§58.330]
6 Obtain approval before altering common property [§58.331]
7 Permit entry to strata lot [§58.332]
Division 2—Powers and Duties of Strata Corporation
8 Repair and maintenance of property by strata corporation [§58.333]
Division 3—Council
9 Council size [§58.334]
10 Council members’ terms [§58.335]
11 Removing council member [§58.336]
12 Replacing council member [§58.337]
13 Officers [§58.338]
14 Calling council meetings [§58.339]
15 [Repealed] [§58.340]
16 Quorum of council [§58.341]
17 Council meetings [§58.342]
18 Voting at council meetings [§58.343]
19 Council to inform owners of minutes [§58.344]
20 Delegation of council’s powers and duties [§58.345]
21 Spending restrictions [§58.346]
22 Limitation on liability of council member [§58.347]
Division 4—Enforcement of Bylaws and Rules
23 Maximum fine [§58.348]
24 Continuing contravention [§58.349]
Division 5—Annual and Special General Meetings
25 Person to chair meeting [§58.350]
26 Participation by other than eligible voters [§58.351]
27 Voting [§58.352]
28 Order of business [§58.353]
Division 6—Voluntary Dispute Resolution
29 Voluntary dispute resolution [§58.354]
Division 7—Marketing Activities by Owner Developer
30 Display lot [§58.355]