Communicating by Strata Bulletin and Notice Boards

CAN A STRATA COMMUNICATE OFFICIALLY BY A BULLETIN OR NOTICE BOARD?

It is important that the Strata properly communicates with an Owner. The Strata Property Act has very specific requirements for how notices, records and documents are provided to Owners. However, our experience is that it is very common for Stratas to maintain a notice board (for example in a common room or elevator), a website or provide an online portal (through a property management company or an internet service).

The Strata Property Act does permit the Strata to “inform Owners of certain matters” by, instead of giving individual notice, by posting them in a “part of the common property designated…for the posting of such information.”

The matters that can be posted are:

• Informing Owners about money spent on an emergency basis to ensure safety or prevent significant loss or damage.

• Changes to Strata Fees because of a new budget.

• Informing Owners about the spending of money collected under a Special Levy.

• New Rules approved by the Strata Council.

• Amendments to bylaws after approved at a general meeting.

• Informing Owners if the Strata is being sued.

The Strata Property Act does not specify how the common property is to be designated for the posting of information. Our recommendation is that the designation be done by a resolution of the Council and that minutes of the meeting approving the resolution be sent to Owners prior to the Strata relying on giving notice by posting information.

A consideration for a Strata when it decides to use a bulletin or notice board is whether this information needs to be provided in another fashion to Owners that do not reside in the Strata.

CAN A STRATA USE AN ELECTRONIC NOTICE BOARD TO COMMUNICATE OFFICIALLY?

Our experience is that the vast majority of Stratas and Owners want to be able to use electronic “Notice Boards”. This provides easy access from any electronic device, the ability to copy and share the notices and the ability to make electronic notes on the document that can be shared with others.

Many people would not even think to check if the Strata Property Act permitted a document to be posted in an elevator but not electronically because that likely would be considered a meaningless restriction. However, as we have discussed in other articles, there are a lot of drafting deficiencies in the Strata Property Act, and this is another example of how the Act was not forward looking when it was drafted and how the government has not made an effort to have it reflect how Owners actually interact with a Strata. We remain optimistic that at some point the government will look at doing a revision and update in consultation with practitioners, Owners and professional service providers.

Our advice is that the Strata designate some part of the common property for the posting of information so that it complies with the requirements of the Strata Property Act. However, there is no prohibition on posting that information both on the common property and electronically and we recommend that a Strata use both systems. This has the additional advantage of providing likely communication to Owners that do not reside in the Strata.

Effective communication between the Strata and Owners is too important to create meaningless impediments simply because of deficiencies in the Strata Property Act.