Eligibility to Serve as a Member of Council

CAN ANYONE BE ELECTED AS A MEMBER OF COUNCIL?

Not everyone is automatically eligible to serve on council. The Strata Property Act establishes who may stand for election at the First Annual General Meeting. However, Stratas have the discretion to adopt bylaws that expand or restrict eligibility after the First Annual General Meeting.

Every Strata must have a Strata Council and serving as a Member of Council is one of the most important ways owners and residents can contribute to their community. Council members make decisions about finances, maintenance, governance, the day-to-day operation of the Strata and the delegation of the powers of the Strata.

WHO CAN BE ELECTED TO COUNCIL?

Section 28 of the Strata Property Act establishes the basic qualifications for council membership. Generally, the following individuals may serve on council:

• Owners;

• Individuals representing corporate owners; and

• Tenants who have been assigned their landlord's right to stand for council under sections 147 or 148 of the Act.

The legislation also recognizes that every strata community is different. After the First Annual General meeting, a Strata may adopt bylaws allowing additional classes of individuals to serve on council.

The Act further permits a Strata to adopt a bylaw preventing an individual from standing for or remaining on council if the strata corporation is entitled to register a lien against the associated strata lot. We have articles on collecting debts owed to the Strata and how to file a Certificate of Lien.

WHO SHOULD BE ELIGIBLE TO BE ELECTED TO COUNCIL?

The Standard Bylaws do not expand on the eligibility requirements established by the Strata Property Act.

The Morley Hanson Model Bylaws provide additional flexibility by allowing the following individuals to serve on council:

• Owners of a strata lot;

• Individuals representing corporate owners;

• Eligible tenants who have been assigned their landlord's rights;

• The spouse of an owner; and

• A person in a marriage-like relationship with an owner.

These additional categories recognize that many people actively involved in the day-to-day life of a strata community may not technically be registered owners but still have valuable skills and perspectives to contribute.

WHAT SHOULD A STRATA CONSIDER WHEN DECIDING WHO CAN BE ELIGIBLE TO BE ELECTED TO COUNCIL?

Different Stratas have different needs. Some communities may prefer to limit council membership to registered Owners because they have a direct financial interest in the property.

Others may decide that allowing spouses or partners to serve increases the pool of volunteers and helps attract individuals with useful experience and expertise.

Similarly, bylaws restricting eligibility where significant strata fees remain unpaid can encourage financial accountability and confidence in governance.

The objective should be to establish rules that promote effective leadership while reflecting the needs and priorities of the community.

STRATA COUNCILS SHOULD INCLUDE PEOPLE WITH EXPERIENCE, COMMITMENT AND DIVERSE PERSPECTIVES

The Strata Property Act provides the foundation for determining who may serve on council, while individual Stratas have the flexibility to tailor eligibility through their bylaws.

By understanding these requirements and encouraging qualified individuals to participate, Stratas can build councils with the experience, commitment, and diverse perspectives needed to effectively serve their communities.