Official Communication from a Strata to an Owner

ARE THERE SPECIFIC WAYS THAT A STRATA MUST PROVIDE COMMUNICATIONS WITH AN OWNER?

The Strata Property Act specifies how a Strata must provide communications to an Owner. This is to prevent or minimize the risk that an Owner might not get a copy of an important communication from the Strata.

There are different ways of providing communications that depend on whether the Owner can be provided communication to their Strata Lot or if they have provided an address other than their Strata Lot for receiving documents.

It is important that the Strata properly communicates with an Owner because several provisions of the Act are started by a communication to an Owner, including:

• Notices for general meetings, including resolutions and budgets.

• Notices of bylaw complaints against that Owner.

• Notices of a debt owed by that Owner.

We discussed communication from an Owner to the Strata in another article. This article addresses how a Strata must provide a notice, record or other document to an Owner.

WHEN CAN A STRATA 'HAND DELIVER' A DOCUMENT WITH AN OWNER?

A Strata can always 'hand deliver' a communication to an Owner. There is no specific location where this must occur. It is a good practice for the Strata to record the date, time and location where the document was provided.

A benefit of leaving it with the person is that any timelines that are based on when a document was delivered, start the day the document is handed to the person.

WHEN CAN A STRATA LEAVE A DOCUMENT WITH AN ADULT OCCUPANT OF A STRATA LOT INSTEAD OF THE SPECIFIC OWNER?

When an Owner has not provided an address outside of the Strata Lot for receiving a document, the Strata can deliver a document by handing it to an occupant of the Strata Lot. This is most common when there are two adults that live in a Strata Lot but only one is on the legal title and therefore only one is an Owner. Similar to when a document is left with a person, it is a good practice for the Strata to record the date, time and location where the document was provided.

Any timelines that are based on when a document was delivered, start four (4) days after the document was left with an occupant.

WHEN CAN A STRATA PUT A DOCUMENT UNDER THE DOOR TO A STRATA LOT?

When an Owner has not provided an address outside of the Strata Lot for receiving a document, the Strata can physically put the document under the door. This can be a bit less ‘reliable’ because there is no person to physically accept possession of the document and it can create a situation where an Owner can say that they never actually received the document.

For this reason, it is very important that the Strata record the date and time that the document was put under the door. It is a good practice to take a photograph with a cell phone or other device that records the date and location the photograph was taken.

Any timelines that are based on when a document was delivered, start four (4) days after the document was put under the door.

WHEN CAN A STRATA PUT A DOCUMENT THROUGH A MAIL SLOT OR IN A MAIL BOX?

When an Owner has not provided an address outside of the Strata Lot for receiving a document and the Strata Lot has a mail slot or mail box, then a notice, record or document can be hand-delivered by putting it through the slot or in the mail box.

Like putting it under the door, it is important that the Strata record the date and time that the document was put through the slot or in the mail box.

Any timelines that are based on when a document was delivered, start four (4) days after the document was put through the mail slot or in the mailbox.

WHEN CAN A STRATA MAIL A DOCUMENT TO AN OWNER'S STRATA LOT ADDRESS?

If there is no ability to put a notice, record or document under a door and the Strata Lot does not have a mail slot or mail box the Strata can mail it to the Strata Lot by Canada Post.

We have been asked if this must be sent by registered mail. There is no requirement for it to be sent by registered mail, but the benefit of registered mail is that the Strata will be able to get a confirmation of delivery.

When the Strata provides a notice, record or other document to an Owner by mailing it, it is a good practice for the Strata to record the date that it is mailed and to take a picture of the envelope. If the Strata is sending documents by bulk mail through Canada Post there is no postmark confirming what day it was mailed.

Any timelines that are based on when a document was delivered, start four (4) days after the document was mailed.

WHEN CAN A STRATA FAX A DOCUMENT TO AN OWNER?

When an Owner has not provided an address outside of the Strata Lot for receiving a document an Owner can provide the Strata with a Fax Number for the receipt of notices, records and documents. If the Strata wants to use a fax, then it can do that. However, the ability to conveniently fax something is getting rare. There are systems that enabling faxing over the internet, but in most cases it is easier to email a document.

Any timelines that are based on when a document was delivered, start four (4) days after the document was faxed.

WHEN CAN A STRATA EMAIL A DOCUMENT TO AN OWNER?

In our experience, this is the most common manner for a Strata to provide a notice, record or document to an Owner.

It is important for the Strata to confirm that it has current and valid email addresses for owners that agree to receive documents electronically.

It is also important for the Strata to understand that it cannot ‘force’ an Owner to provide an email address. If an Owner does not provide an email address then delivery has to be done with a physical copy in one of the other ways described. Also, it is important to recognize that emailing a document means that it is sent to an actual email address provided by the Owner - posting a document on a website does not satisfy this requirement.

A significant benefit of email is that there is no (or very little) cost involved and there is a record of when the document was sent and to what email address.

A proper interpretation of the Strata Property Act states that a document can only be emailed to an Owner when they have not provided an address outside of the Strata Lot for receiving a document.

Our experience is that the vast majority of Owners want to receive a notices, records and documents electronically by email. However, the Strata Property Act only permits documents to be provided by email if the Owner has not provided the Strata with an address other than the Strata Lot for receiving notices and other records.

Many people would not even think to check if there was this form of unusual restriction. In the vast majority of situations, it does not matter because an Owner will not complain if they receive a notice, record or document by email. However, when it really matters – for example if the Strata is providing notice of a bylaw complaint against that Owner or a demand for the payment of a debt before court proceedings are started – this provides an opportunity for the Owner to argue that the entire process is deficient and must be re-initiated.

As we have discussed in other articles, there are a lot of drafting deficiencies in the Strata Property Act, and 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 expectation is that if a Strata emailed a document to an email address provided by an Owner to receive documents the Strata would be considered to have properly provided the document.

Any timelines that are based on when a document was delivered, start four (4) days after the document was emailed.

WHEN CAN A STRATA PROVIDE A DOCUMENT BY MAILING IT SOMEWHERE OTHER THAN THE STRATA LOT?

An Owner can provide the Strata with a mailing address that is not the Strata Lot. There are several reasons why this may occur – as examples, the Owner may not live in the Strata Lot or the Owner may be away on an extended vacation.

It is important that the Strata has a reliable record of the Owners that have provided a mailing address and that the Strata has a clear method for Owners to provide a mailing address.

When the Strata provides a notice, record or other document to an Owner by mailing it, it is a good practice for the Strata to record the date that it is mailed and to take a picture of the envelope. If the Strata is sending documents by bulk mail through Canada Post there is no postmark confirming what day it was mailed.

Any timelines that are based on when a document was delivered, start four (4) days after the document was mailed.

A STRATA MUST BE AWARE OF THE WAYS THAT THE STRATA PROPERTY ACT REQUIRES FORMAL COMMUNICATION TO BE PROVIDED TO OWNERS

It is important that the Strata properly communicates with an Owner because several provisions of the Act are started by a communication to an Owner. The Strata must have accurate records of which Owners have provided an address other than the Strata Lot to receive notices and which Owners have provided email addresses.

There are several timelines in the Strata Property Act that are determined based on the date that a notice, record or document is received by an Owner and it is important that the Strata consider if there is a four (4) day period from when the document is sent to when it is legally considered to be delivered.

Our experience is that there are several Stratas that provide documents through bulletin boards or websites or online portals. The documents that can be provided in that manner are described in this article.