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          This Act is current to May 12, 2021
          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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