Political signs must be allowed

Tony Gioventu
Times Colonist

Dear Tony:

With the federal election in the fall, our strata council, which manages more than 500 units, is discussing a plan to manage political signs and requests from candidates who want to address owners and residents.

During the last provincial election, our building hosted a successful candidates’ debate night. However, council advised owners that our rules only permitted residents to display a sign no larger than a sheet of paper in their windows. That resulted in a number of protests from residents and several complaints about everyone’s right to express their political beliefs.

Marjorie T.

Dear Marjorie:

A strata corporation cannot prohibit election signs during federal, provincial, or municipal elections that are displayed from a strata lot.

Section 228.1 of the Election Act permits a landlord, a person or a strata/condo corporation to limit the size of a sign by setting reasonable conditions. However, for a strata corporation to set conditions on a lot requires a duly ratified bylaw — by a 3Ú4 vote at a general meeting — registered in the Land Title Registry before it is enforceable.

There is a chronic misunderstanding about the purpose and the role of rules in strata corporations. Rules cannot be used in connection with the application or use of a strata lot. Their intent is use and enjoyment of common/limited common property and common amenities. For example, the hours of the pool, or use of parking and storage lockers that are designated as common property.

A strata corporation may prohibit signs, or restrict them in size or location on common property including common areas within a building. A rule is approved by council by majority vote at a council meeting, then must be ratified at the next general meeting by a majority vote to continue to be enforceable.

The strata must also inform owners and tenants of any new rules or bylaws as soon as feasible after they are passed or ratified. It is important for each strata corporation to consider the type of strata you live in, before you adopt new rules or bylaws. The limitations of a highrise building will vary greatly from a bareland strata where each strata lot is five acres. A sign no larger than a piece of letter paper is not reasonable as it cannot be seen. If it cannot be seen, it is not freedom of expression.

A reasonable limitation permitting election signs will discourage residents from attaching or posting a 4 x 8 sign on their balcony, where a sign that is up to one metre square can be easily displayed from a strata lot window and may be a reasonable solution for the duration of an election period.

Glacier Community Media © Copyright 2013-2019

Condo Smarts: Variations apply to bylaw rentals

Tony Gioventu
The Province

Dear Tony:

If a strata corporation has a bylaw that limits the number of rentals to 10 out of 100, how are they counted? Our strata council has advised owners there are no rental spaces available; however, I am included as one of the rentals and my unit is exempt from the bylaws.

The strata corporation adopted a bylaw that sets all rentals included with the total count of rentals, but we were under the impression there were different types of rentals and they were counted separately. At this time, we have no one on the waiting list to rent a unit, but if there is a request, as a council member I want to confirm we are administering our bylaws correctly. 

Natalie Rasek

Dear Natalie:

A strata corporation is permitted to adopt a bylaw that limits the number of rentals in a strata corporation, either by a specific number or percentage. Unfortunately, this is often confused with the total number of rentals reported on a Form B Information Certificate.

There are four variations of rentals if a rental bylaw applies. The first is those owners who have no exemption and are permitted rentals under the bylaw. The second is an exemption of a family rental. (Family rentals are exempt from the bylaw for children or parents as tenants of the owner or the owner’s spouse.)

The third are hardship rentals. (Hardship rentals apply where an owner has made an application to the strata for an exemption based on a hardship.) The fourth is the owner developer rental exemptions created when the developer filed a Rental Disclosure Statement. Prior to 2010, the exemption applied to the first purchaser, and as of January 1, 2010, the exemption applies to all strata lots identified on the rental disclosure for the time period set out in the filed form.  Every strata corporation must have a copy of a rental disclosure if one was ever filed as it must be attached to a Form B Information Certificate.  

If properly administered, a strata corporation maintains a rental inventory based on the different exemptions and those that are captured under a rental bylaw. The total number of rentals is what is reported on a Form B, as a buyer has an interest in the total number of rentals to determine the nature of the building occupancy before they invest or reside. 

For the purpose of the rental bylaws, it is common for a strata corporation to administer a bylaw with a limit of 10 rentals; however, when all of the types of rentals are identified, there may be 20 or 30 rentals. 

Under the Strata Property Act, a residential strata lot that has been rented is not considered as a rental unit in the limit of rentals if the strata lot is exempt for family and hardship exemptions, and owner developer exemptions are exempt from rental bylaws, and not included in the total count.

It would be common in a strata corporation like yours with a 10-unit rental limit to have the following rental profile. Permitted rentals (10), family rentals (four), hardship exemptions (two), owner developer exemptions (five), total rentals reported on a Form B: (21). 

If your strata corporation has adopted a rental limitation bylaw, you will require an active inventory of the different types of rental use. Many buildings still have original owners pre-2010 that are likely still exempt from rental bylaws, and post-2010, small strata corporations of less than 10 units frequently do not have filed rental disclosure exemptions.

Whether a strata corporation has adopted rental bylaws or every unit is exempted, every landlord must provide a strata corporation with a Form K, notice of tenant’s responsibilities, for every type of residential rental, and the strata corporation still reports all residential rentals.

© 2019 Postmedia Network Inc.

Avoid confusion, challenges to meeting procedures

Tony Gioventu
The Province

Dear Tony:

Our strata corporation held their annual meeting last week and we were bogged down in simple meeting procedures with the meeting being terminated by the chair and no business conducted.

Unfortunately, our strata president is a control freak and insisted he was in control of the meeting and refused to permit the owners to vote on the approval of the agenda, the minutes of our last meeting or the scrutineers to count ballots during elections.

Everyone suspected he rigged the scrutineers to ensure he would somehow be re-elected to council, as he also controlled the registration and did not permit anyone to see the proxies presented for voting cards. 

What can the owners do to prevent this from happening at our next meeting? Every time we give notice of a new meeting it costs our community $2,500, and we must approve a budget and elect a new council. 

Louise C.  Surrey

Dear Louise: 

The basic principle of general meetings is found in the Strata Property Act. Section 50 of the Act. At an annual or special general meeting, matters are decided by majority vote unless a different voting threshold is required or permitted by the Act or the regulations.  Where the Act or your bylaws requires a procedural decision, those decisions are generally a majority vote. Whenever a person is acting as the registrar of the meeting, and issuing voting cards to themselves, and taking minutes of the meeting, and acting as the chairperson, there is the potential for conflict and manipulation of the meeting outcome and record. 

The owners in person or by proxy at the meeting determine matters by majority vote once the meeting has been called to order. There are often informal decisions where the owners approve items, such as the agenda, previous minutes, or appointment of scrutineers by unanimous consent. The minutes may show the scrutineers were introduced and the owners approved their appointment by unanimous consent with no objections; however, if any person does object and requests a vote on the matter, the chairperson of the meeting must call for a majority vote on.

By routine practice, to avoid any confusion or challenges to the meeting procedures, and to ensure the strata is complying with the Act, I always seek the approval of the eligible voters by majority vote on procedural items in addition to the resolutions. This ensures eligible voters are aware of what decision is being made, they have the opportunity to raise questions to the matter, and there is a clear decision being recorded in the minutes.

With the ease of access to challenge a meeting under the Civil Resolution Tribunal, it ensures your meetings procedures are bullet proof.  If you have a person other than the president or vice-president of council chairing the meeting, it also requires a majority vote to elect that person to chair the meeting, if they are eligible under your bylaws.

There are agenda items that may arise where the chairperson is required to make some decisions, such as certification of proxies and determining whether an amendment or correction to a three-quarter vote, 80 per cent vote or unanimous vote is permitted. Even under these circumstances it is still possible for the eligible voters to challenge the chair and override the chairperson’s decision; however, the owners risk the liability of such a decision.

Compliance with the Act will give you the best chance of fairness and accuracy. Always confirm your strata corporation has a complete copy of your current bylaws at your general meetings for reference. 

© 2019 Postmedia Network Inc.

A seller must provide a property purchase disclosure

Tony Gioventu
The Province

Dear Tony:

We have been looking for a two-bedroom mid-sized condo in the Metro Vancouver area for the past three months. We have viewed several units and put in two offers. However, in both situations, once we received the Information Certificate from the strata corporations, there were significant conflicts between the information the owner provided as opposed to the strata information — everything from parking and storage lockers to the description of the unit and alterations and upgrades to the units.

What is the best approach to protect ourselves from someone attempting to “window dress” their unit and make it look better than it really is? 

Celiah Carter

Dear Celiah:

A seller has an obligation, if they use an agent, to provide a property purchase disclosure and on the request of the buyer, an Information Certificate is provided by a strata corporation.  In addition, you may also request additional documents the strata corporation is required to maintain under the Strata Property Act.  

When a strata corporation provides a Form B Information Certificate, the buyer may rely upon the information included. In the event there is an error, you would have a cause of action against the strata corporation through the courts or the Civil Resolution Tribunal. If you rely only on a property purchase disclosure from an owner, your cause of action would be through the Supreme Court of B.C. 

The first rule of thumb for any purchase is to never take anyone’s word. Always confirm information in writing by email or written communication. Written documents provide essential evidence in the event there is a misunderstanding or dispute and prevent the parties from withholding or exaggerating information.

Before you remove subjects on a purchase, request the Information Certificate from the strata corporation. It discloses information such as the current strata fees, balance of the contingency fund, any pending court or tribunal actions or decisions against the strata corporation, alteration agreements a buyer may be responsible for, parking and storage locker allocations, rules of the strata, and an owner developer rental disclosure statement, if one exists.

Also request documents like the strata plan, which shows boundaries of property, the schedule of unit entitlement to verify how your share of common expenses is calculated, copies of any engineering reports, including environmental reports that have been commissioned by the corporation, minutes of council and general meetings, a copy of the strata insurance policy to verify the deductible amounts for water escape and other perils, and a set of the current bylaws.

As part of the enticement to purchase, sellers frequently disclose additional parking, storage spaces, extended common areas or additional rooms that are not shown on the strata plan or authorized by the strata corporation. Cross reference the sellers disclosure with the documents provided by the strata corporation and if in doubt, communicate in writing with your agent and the seller to verify the accuracy of the disclosure.  

My motto for best business practice: “If it isn’t in writing, it’s probably not true.” 

© 2019 Postmedia Network Inc.

Owners must be given proper notice of meetings

Tony Gioventu
The Province

Dear Tony:

What happens when a strata corporation does not finish the business on the agenda at its annual general meeting?

In addition to our annual budget and council election, our strata council decided to add to our agenda a complete set of bylaw amendments, a resolution for major repairs and a presentation on installing electric-vehicle charging stations. After four hours, the council president adjourned the meeting to continue five days later as we did not elect a new council or approve the bylaws.

Several owners have challenged the authority of the president to act in this manner as there was no new notice for the meeting and the date and location were not convenient for owners. Is it possible to adjourn a general meeting of the strata corporation?

Mae F., Whistler 

Dear Mae:

The standard bylaws of the Strata Property Act and virtually all strata-amended bylaws end general meetings by terminating them.

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A significant principle of the act, for the protection of owners, is to ensure all owners or parties with an interest in a strata lot are given proper notice of a general meeting.

The agenda for meetings is found in your bylaws, or failing that, the standard bylaws of the act. The end of the meeting is referred to as terminating the meeting, not adjournment. Any subsequent meetings would require proper notice be given.

If your strata corporation has not amended the bylaws to address a quorum issue at a general meeting, and a quorum is not present at the meeting, the meeting stands adjourned for seven days to the same location at the same time. There are no changes or additions to the agenda and the meeting is called to order with the same notice.

To ensure strata corporations provide proper notice of matters to be voted on at general meetings, there is no other provision to recess or adjourn a meeting to a later date or time in the act, bylaws or regulations.

If the meeting business cannot be completed, the meeting is terminated and a motion may be made to direct council to give notice of a special general meeting to address the balance of the agenda.  

Under the standard bylaws, the term of office of council ends at the end of the annual general meeting when a new council is elected.

The best solution to ensure the strata corporation has complied with the proper notice requirements, the agenda requirements and the proper election of council is to convene a special general meeting with proper notice to elect council and the balance of the resolutions. The strata council may voluntarily give notice of the meeting or 20 per cent of the owners may sign a petition demanding a special general meeting with the resolutions and election of council. 

Proper notice must be issued by mail, hand delivery or any other method authorized by the owners and requires 14 days, plus four days for notice plus two days to account for delivery and receipt of the notice. Collectively, notice requires 20 days. 

© 2019 Postmedia Network Inc.

Consider other units when pondering patio expansion

Tony Gioventu
The Province

Dear Tony:

Our condo is in White Rock and our strata council is preparing a roof replacement of our main building.

We have one penthouse unit adjacent to the roof areas and they are requesting permission to pay an additional cost to double the size of their rooftop patio area that was originally installed by the developer. Before our strata council considers this request, we are concerned we may be granting permission for an exclusive use of common area and change to the roof that may be significant.

As a result, would you recommend the matter be taken to the owners at a general meeting for a three-quarters vote or would it be better for council to retain a lawyer and negotiate an agreement with the penthouse owner over use of the property and associated future costs?

Myrna C.

Dear Myrna:

A helpful test to determine  a significant change was summarized in a B.C. Supreme Court decision, VR 677, where the court set a series of questions.

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The test raises a number of factors that establish a framework to determine if an alteration to common property or a common asset is significant change and whether a three-quarters vote of the owners at a general meeting is required.

The judge raised the following six points.

Determine:1) if a change would be more significant based on its visibility or non-visibility to residents and its visibility or non-visibility towards the general public; 2) whether the change to the common property affects the use or enjoyment of a unit or a number of units or an existing benefit of a unit or units; 3) if there is a direct interference or disruption as a result of the changed use; 4) if the change impacts the marketability or value of the unit; 5) if the number of units in the building may be significant along with the general use, such as whether it is commercial, residential or mixed use.

As for No. 6: the judge also concluded that consideration should be given as to how the strata corporation has governed itself in the past and what it has allowed. For example, has it permitted similar changes in the past? Has it operated on a consensus basis or has it followed the rules regarding meetings, minutes and notices as provided in the Strata Property Act.

While strata councils may at times have to determine whether a change is significant, it is ultimately their responsibility to either grant permission, decline the requested alteration or convene a general meeting for a three-quarters vote.  

The proposed alteration does trip some of the test that indicates a meeting for a three-quarters vote may be the best solution.

In addition, address the allocation of exclusive use of common property, which the corporation may only grant on a yearly basis, or consider a three-quarters vote to have the increased area designated as limited common property.

Consider the impact this expansion will now have on other units as it will be directly over the master bedroom of the unit below. As a condition of approving the alteration, and if the owners agree by three-quarters vote, consult your lawyer on all the conditions that may be imposed and any future-use considerations, such as solar collectors.

The strata council may require the owner to pay all related costs, which would include permits, engineering, installation, all future maintenance and repair costs, legal costs for the agreement and the condition that on sale of the strata lot, they will disclose the agreement to a subsequent buyer as a condition of the sale.

© 2019 Postmedia Network Inc.

Owners do not have to hand over keys

Tony Gioventu
The Province

Dear Tony:

The story of the owner who raised alarms in her unit over unlawful access by an employee has also raised serious concerns in our condo.

We live in downtown Vancouver and were the first people to move into a new building five years ago. We recently received notice of a bylaw violation because we had allegedly altered our kitchen and installed a refrigerator with a water and ice unit, which is prohibited in our bylaws. However, this was installed by the developer as an upgrade when we purchased.

We requested a hearing and at the council hearing, the property manager produced a photograph of our kitchen, which dated by the note on our fridge, was taken within the last month. When we asked how the photo was taken, the property manager refused to respond and no council members would answer the question.

It was clear someone has been in our unit when we were not home. We immediately ordered a locksmith and when he arrived to change our locks, our building manager informed him only the strata could change the locks as they were required to retain a key for access.

We threatened court action and the matter was resolved. We have no such bylaws and no one in our building I have spoken to was aware the strata council and building manager had keys to their units. Now owners are demanding a general meeting to address this as everyone is concerned about personal and property safety. Any help would be grateful appreciated.

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Nastasia K.

Dear Nastasia:

Whether you are an owner or tenant, when you move into a condo you do not have to provide keys for access. Living in a condo does not mean you surrender your personal safety and security.

When a new development is created, individual lock sets are installed in each unit; however, there is a master key system, which is essential for the contractors’ access as they move from suite to suite installing products and finishing construction. When the project is complete, the master keys remain unless the master lock access has been removed, which in my experience is rare. 

Even after five years, it is possible the original master lock set system exists in your building. It is appalling the strata council and manager are aware there is a master access and have not informed the owners, sought their permission to retain keys, and insisted the corporation has a key to each unit. 

A bylaw that requires owners to provide keys to access their units is virtually impossible to enforce and I suspect will not be enforceable when challenged because security and privacy rights of owners will be compromised.

The Strata Property Act and Standard Bylaws provide conditions for access to strata lots. For routine service and inspection of the unit, the strata must inform the owner or tenant in writing with 48 hours written notice, which really means six days as the notice periods must be respected.

It is your responsibility as an owner or tenant to ensure access. If access is not granted, a potential bylaw enforcement issue exists that could result in penalties or an application through the civil resolution tribunal ordering access. It does not give the strata corporation the authority to retain a locksmith to enter a unit.

In the event of an emergency, access may be gained without notice; however, if there is an emergency, a 911 call or emergency response protocols should be executed and the owners and tenants immediately notified. 

If the owners, tenants and strata corporation agree to the provision of keys for access, here are a few tips. A consent form to provide a key is recommended and the following information is essential. Identify how the keys are accessed, when and how the key access may be used, who has access to the keys and whether that person(s) is bonded, how the keys are stored to ensure there is no risk of theft or identity of the keys, and in the event there is a security breach, a requirement that every owner and tenant be immediately notified. 

A strata corporation may potentially incur a significant amount of liability if it has retained master keys for access to strata lots without the consent of the owners or tenants. All residents of condo units have the right to feel safe in their homes. 

© 2019 Postmedia Network Inc.

Strata Property Act gives the corporation the authority to do work on a strata lot or common property

Tony Gioventu
The Province

Dear Tony:

Our strata corporation has an owner who has caused damages to a number of areas in our townhouse complex. Over the past eight years, they have backed into their garage door, broken a front window, damaged the siding with their barbecue and driven over an apple tree.

Every time we approach them to discuss the issues, it becomes a hostile confrontation.

Our townhouse complex is only 38 units and we are self managed, so council handles everything. The owners in our complex are now fed up with having to tolerate the rogue owner’s behaviour and have petitioned for a special general meeting to direct council to start a court action against this owner. 

Our bylaws are silent about owners causing damages and repairs. We were hoping this person would just sell and we would collect the accumulated costs at that time.

Kerry M.

Dear Kerry:

 It is not necessary for bylaws to make owners responsible for damages because the Strata Property Act gives the corporation the authority to do work on a strata lot or common property if it is reasonably necessary to remedy a contravention of the bylaws or rules.

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In addition to the bylaws your strata corporation has adopted, the Schedule of Standard Bylaws still applies. Your strata corporation will be enforcing the bylaws under “use of property”.

An owner, tenant, occupant or visitor must not cause damage, other than reasonable wear and tear, to the common property, common assets or those parts of a strata lot that the strata corporation must repair and maintain under the bylaws or insure under section 149 of the act. 

Strata councils struggle with the sequence of decisions that are necessary, which makes bylaw enforcement. For example, the owner has backed into their garage door, which is common property. The strata council receives a complaint or has identified the damage and has evidence identifying who caused the damages. The strata corporation issues a notice of complaint to the owner and the owner is entitled to respond in writing or request a hearing of council. 

If the strata corporation has credible evidence, it may proceed with bylaw enforcement as a majority vote decision of council after a reasonable time period after they have determined the owner is responsible. This may include fines under the bylaws and it may include repairs to the garage door and the reasonable cost of the repairs charged back to the owner. 

As a strata council, it is critical that you maintain records of your communications and the evidence. If the owner voluntarily pays, problem solved. If the owner refuses you will be required to make an application to the courts or the civil resolution tribunal for a decision on the penalties and/or damages.

You cannot include damages on a Form F payment certificate when a person sells their unit unless you have a judgement or decision from the tribunal or the courts.

As a result of the Limitation Act, strata corporations have only two years to collect money owing from owners, unless the owner has acknowledged the debt. Considering strata councils and management companies frequently change, it is unlikely a strata corporation would still have reliable evidence or documents after two years. 

The message to all strata corporations regarding damages is to gather evidence quickly and enforce your bylaws immediately. Even with a reasonable notice of complaint and hearings or responses it is possible two to three months may pass before your strata council is in a decision-making position. If your decision is challenged or you find it necessary to proceed to the courts or the CRT, reliable evidence is critical.

© 2019 Postmedia Network Inc.

A strata corporation must act reasonably when it receives a request from an owner to alter a strata lot

Tony Gioventu
The Province

Dear Tony:

Our strata council has been approached by an owner who purchased an electric vehicle and wants upgrades to our electrical facilities in the parking garage to accommodate a charging station.

Our council has been quite reasonable about the investigation into the construction and options for installation, but unfortunately, we have a number of obstacles that make this installation prohibitive. All the parking spaces are limited common property; we have eight guest parking spaces near the main entry and they are always used for visitors; his parking space is located the furthest possible distance from our electrical room and there is insufficient electrical service at his site. 

Even if we get a grant for the station at his location, the electrical upgrades are close to $45,000 including permits and construction. The owner is insisting that we have to accommodate him, but our council does not have the authority to approve the electrical expense and has unanimously refused to pay for the installation. The consensus in our building is that owners will not approve the cost for the electrical services. 

Do we have on obligation to accommodate this owner? 

Bayview council

Dear Bayview council:

Under the Schedule of Standard Bylaws and virtually all amended strata bylaws across the province, a strata corporation must act reasonably when it receives a request from an owner to alter a strata lot; however, it does not have to grant permission for an alteration to common property.

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This condition could be complicated if the strata corporation has been granting permission for similar alterations to a preferred group of owners and not others. However, in your case, what the owner is requesting is a first-time alteration to the common property, being the common electrical infrastructure of the building. Limited common property is by definition of the Strata Property Act common property.

When an owner makes an application for an alteration to common property, the strata corporation may approve the alteration. However it may impose a variety of conditions such as complete technical drawings, permits, schedules of construction, proof of insurance, and an alteration agreement where the owner must cover all related current alteration and future operating costs.

If the alteration is possible, but the result may be a significant change in use or appearance of common property or a common asset, the strata corporation will be required to convene a general meeting and approve the alteration by a three-quarters vote resolution.

Whether it is the installation of a skylight on a townhouse, change in retaining walls/drainage systems in a bare-land strata or a change to the infrastructure or outside of an apartment or highrise building, it is in the strata corporation’s best interest to maintain close control over the construction. Owners always cut corners on construction cost, leaving the strata holding the bills when they sell and move.

Strata corporations and managers constantly believe that when a common area is altered, it is now the responsibility of that strata lot. Not correct. Altered common property is still common property and must be maintained and repaired by the strata corporation.

Alteration agreements may only require an owner to pay for costs related to the alteration and future maintenance and repairs.

Strata corporations may adopt rules that set rates to recover the costs of the operation and electricity of charging station. In addition to significant reduction in GHG emissions, electric vehicles also reduce emissions and noise in parking garages, which affects the climate of our homes.  

Before you bring an electric vehicle home to your strata, confirm in writing with your council the installation and maintenance of a charging station is possible. More information on electric vehicles or for a step-by-step guide on managing an EVSE alteration, visit pluginbc.ca or choa.bc.ca and search electric vehicles.

© 2019 Postmedia Network Inc.

Owner must provide Form K to Strata

Tony Gioventu
The Province

Dear Tony:

 I have been a tenant since 2016 in a highrise in Vancouver. About one-third third of our building are rentals and none of the tenants has been elected to council. 

I received notice from council that l am in violation of the strata bylaws for using an electric barbecue on my balcony. I read the bylaws that were given to me by the owner of my unit at the time I rented, and they permitted only electric barbecues. 

I responded in writing, requesting the bylaw they were quoting as I have nothing in the bylaws provided by my landlord. The strata responded that it adopted new bylaws at the June 2018 annual meeting and the bylaw was amended prohibiting all outdoor cooking and it was my landlord’s responsibility to inform me of the bylaws.

Neither the strata corporation nor the landlord provided any bylaw updates. How is it possible for tenants to comply with new bylaws if they don’t know about them?

Terri M.

Dear Terri:

When an owner rents their strata lot, they must provide a completed Form K notice of tenant’s responsibilities to the strata corporation. Both the landlord and the tenant must sign the form.

The landlord’s obligation is to ensure that all current bylaws and rules of the strata corporation at the time the form is signed are attached to the form and provided to the tenant. While the form acknowledges that the tenant must comply with any changed bylaws and rules, the duty to inform the tenants of any changes of new rules or bylaws falls on the shoulders of the strata corporation.

Under the Strata Property Act, the strata corporation must inform owners and tenants of any amendment to the bylaws as soon as feasible after the amendment is approved. Unfortunately, many strata corporations and managers assume the owners will inform their tenants or that the notice of a general meeting and the minutes that follow will be sufficient. This is not formal notice in the same manner as a general meeting, but applies the general communication format your strata corporation employs, provided every tenant and owner has access to the information.

Best practice: if your strata corporation has adopted new bylaws or ratified new rules, as soon as feasible have them posted to a website where everyone has access or post them in public areas where residents will see notices, and send out a written copy advising of the new bylaws or rules. The minutes of the meeting may be an acceptable form of notice; however, attach the new ratified rules or approved bylaws so they are clearly identified. 

To ensure you have given notice of enforceable bylaws, within a week of your meeting confirm the new bylaws have been filed in the Land Title Registry before you send the minutes or notice of new bylaws. We have identified many circumstances where bylaws were adopted and never filed. Bylaws are only enforceable once they are filed in the registry. Notice of bylaw amendments after an amendment has been approved, but not filed, is required as there may be bylaws that have exemptions created for age restrictions, pet bylaws or rental restrictions, and these exemptions apply when the bylaw is approved, not when it is filed, so timing is everything.

Don’t forget if you are a landlord and renting your unit to a family member, or qualify under any of the rental exemptions, you must still provide a completed Form K to the strata corporation.

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