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              This Act is current to June 10, 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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