Official Communication from an Owner to a Strata

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

The Strata Property Act specifies how an Owner must provide communications to a Strata. This is to prevent or minimize the risk that an Owner's communication might not be received by the Strata.

It is important that Owners properly communicate with their Strata because several provisions of the Act are started by a communication from an Owner. The most common provisions that are started by a request from an Owner are:

1.           Making records available for review or copying.

2.           Providing an opportunity to be heard at a council meeting.

3.           Investigation of a complaint of a contravention of a bylaw.

Additionally, a communication from an Owner becomes a record of the Strata that is available to the other Owners. We have written about the obligations of a Strata regarding retaining correspondence in another article.

The Strata Property Act specifies how an Owner can provide a notice, record or other document to the Strata.

For information about how the Strata provides a notice, record or other document to an Owner please see this article.

WHEN CAN AN OWNER 'HAND DELIVER' A DOCUMENT TO A MEMBER OF COUNCIL?

An Owner can communicate with the Strata by physically giving the document to a council member. It is important for an Owner to be reasonable about the timing of this delivery – it may not be a great idea to hand a document to a council member who is rushing off to work with their hands full!

It is useful for the Owner to note the date, time and location that the document was provided to the council member.

Any timelines that are based on when a document was delivered start when the document is physically given to the council member.

WHEN CAN AN OWNER MAIL A DOCUMENT TO THE STRATA?

All Stratas must have an official mailing address, and this address can be confirmed by referring to the Land Title and Survey Authority. An Owner can always mail a document to this address. We have an article about Strata's mailing addresses.

An Owner can mail the document to this address. It is useful for an Owner to note the day that the document was mailed.

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

WHEN CAN AN OWNER FAX A DOCUMENT TO A STRATA?

Stratas and members of Council may provide a fax number for receiving documents. This is optional and there is no public record of this fax number (unlike a mailing address).

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

WHEN CAN AN OWNER EMAIL A DOCUMENT TO A STRATA?

Stratas and members of Council may provide an email address for receiving documents. This is optional and there is no public record of this email address (unlike a mailing address). It is important that the email address be explicitly stated as being for the receipt of documents. If an Owner knows a council member’s personal email address and sends a document to that email address, it is not properly delivered to the Strata unless that email address was for the receipt of documents and no requirements under the Strata Property Act are satisfied.

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

WHEN CAN AN OWNER PUT A DOCUMENT IN A STRATA MAILBOX?

If the Strata has a mailbox or mail slot that is used for receiving documents (for example, if there is a council office or on-site manager) then an Owner can deliver a document by putting it in the mailbox or through the mail slot.

It is useful for an Owner to note the day that the document was put into the mailbox or through the mail slot.

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

CAN A STRATA'S BYLAWS SPECIFY HOW AN OWNER CAN PROVIDE DOCUMENTS TO A STRATA?

We have encountered bylaws that attempt to reduce the ways that a document can be provided to a Strata – most commonly, by requiring that it be emailed to a property management company.

However, Owners always have the legal authority to provide a document by handing it to a council member or mailing it to the Strata’s mailing address. A bylaw that tries to remove this authority would not be enforceable because it would contravene the Strata Property Act.

OWNERS MUST UNDERSTAND HOW TO FORMALLY COMMUNICATE WITH THE STRATA

Owners must be able to communicate with their Strata and the Strata Property Act explicitly describes how to properly deliver a document to a Strata.

It is important for Owners to understand how to deliver a document so that there is no confusion regarding when timelines for a response start.

It is also important for Owners to understand that just because they have the email address for a member of Council, that does not mean they can use it for formal communication unless that email address was specifically provided for that purpose.