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WHAT LEGAL COSTS CAN A STRATA RECOVER IF THEY NEED TO FILE A LIEN? A Strata can recover from an Owner the legal costs it pays to collectunpaid strata fees under s. 118 of the Strata Property Act. However, it is not all legal costs - it is the legal costs arising from lien registration and lien enforcement. The Strata Property Act does not authorize recovery of all legal costs that can be accumulated in the process. In The Owners, Strata Plan EPS 7076 v 1186856 B.C. Ltd., 2026 BCSC 148, the court discussed the analysis required to determine what legal costs are recoverable. We have a separate article explaining how to file a lien, so that is not discussed in this article. WHAT DOES THE STRATA PROPERTY ACT ACTUALLY STATE ABOUT RECOVERY OF COSTS FOR A LIEN? Section 118 of the Strata Property Act states: “The following costs of registering a lien against an owner’s strata lot under section 116 or enforcing a lien under section 117 may be added to the amount owing to the strata corporation under a Certificate of Lien: a) Reasonable legal costs; b) Land title and court registry fees; c) Other reasonable disbursements.” This is both restrictive and permissive. It is restrictive because it applies only to costs associated with registering a lien, and it is permissive because such costs “may” be added to the amount owing. Recovery is therefore not automatic. WHAT IS THE BROADER CONTEXT OF THE STRATA PROPERTY ACT REGARDING RECOVERY OF COSTS FOR A LIEN? The limitation contained in s. 118 of the Strata Property Act makes more sense when considered in the broader enforcement scheme established in the Act. The Act provides several steps required for the recovery of unpaid strata fees: Written demand for payment (s. 112), To registration of a lien against the strata lot (s.116), To enforcement of that lien (s. 117), To recovery of specific costs associated with those steps (s.118). Each step in the sequence follows on the previous step; none of the steps operates independently or out of order. The recovery of specific costs is the final step and can only follow upon the others. It functions as a part of the lien process, not as an independent source of entitlement to legal costs. WHAT ABOUT LEGAL COSTS FROM BEFORE A LIEN IS REGISTERED? Because the entitlement to recover legal costs under s. 118 arises only within the lien process, timing is critical. Legal costs incurred before a lien is registered are not independently recoverable. This includes costs associated with preparing a demand under s. 112 or other efforts to secure payment before the lien is registered. (625536 BC Ltd. v Owners of Strata Plan LMS 4385, 2021 BCCA 158) Where a lien is ultimately registered, reasonable pre-lien work may be recoverable as part of the costs associated with registration or enforcement. (The Owners, Strata Plan KAS 2428 v. Baettig, 2017 BCCA 377). The fact that legal costs incurred before the registration of a lien are not recovered from the Owner if they pay the arrears before a lien is filed, should motivate Stratas to continue to progress through the process. We have experiences where a Strata has made a demand for payment of unpaid Strata Fees with a 30 day timeline for those fees to be paid. However, the Strata does not provide instructions to a law firm to file a Certificate of Lien. Then, much later than the deadline imposed by the Strata, the Owner pays the arrears (frequently as part of a foreclosure, sale or refinancing) and because a Certificate of Lien was not filed the Strata cannot recover its legal costs for the demand for payment. If the Strata had continued with the process, it would be entitled to recover those legal costs. WHAT ANALYSIS WILL A COURT DO TO DECIDE WHAT LEGAL COSTS CAN BE RECOVERED? The Court, in EPS 7076 outlines a structured approach to determining when legal costs are recoverable under s. 118. In that case, the Strata registered a lien following the expiry of the notice period given under s. 112. The debtor paid the arrears before any enforcement steps were taken. The Strata then sought to recover its legal costs under s. 118. The Court outlined a framework for determination of recovery under s. 118 that proceeds in three stages: Determination of Entitlement. The Scope of Recoverable Costs. Reasonableness. Stage One: Determination of Entitlement The first stage is a threshold determination of entitlement, where court determines whether it was reasonable, in principle, for the Strata to incur legal costs for the purpose considered by s. 118. This is not a review of accounts or an assessment of the amount claimed. It is only an evaluation of whether the Strata is invoking s. 118 for its statutory purpose: to recover the reasonable costs of registering or enforcing a lien so that owners who are not in arrears are not required to subsidize unpaid Strata obligations. Stage Two: The Scope of Recoverable Costs The second stage determines whether the legal costs claimed fall within the statutory categories of “registering” or “enforcing” a lien. In EPS 7076, the court distinguished between two categories of legal costs: Legal costs incurred in registering the lien and securing payment of arrears. Those costs fell within the type of costs contemplated by s. 118 and were therefore capable of recovery, subject to assessment of reasonableness. Legal costs incurred after the arrears had been paid and directed solely toward recovering the Strata’s legal costs. Because the underlying debt had been satisfied, those costs no longer related to lien registration or enforcement. They were incurred in pursuit of legal costs alone and were therefore outside the scope of s. 118. The principle behind this stage is that legal costs must remain incidental to recovery of the underlying debt and cannot become the primary object of enforcement; to permit otherwise could promote escalation through ongoing litigation. Stage Three: Reasonableness Once the court determines that entitlement exists and the costs fall within the scope of s. 118, the remaining issue is the amount of legal costs. This is determined by the registrar on an assessment. At this stage, the analysis shifts from whether the costs are recoverable in principle and reasonably necessary to whether they were reasonable in amount. For example, if a Strata incurred thousands of dollars in legal fees regarding correspondence or getting opinions then it is likely that it would be determined that the Owner did not need to pay these becaues they are not reasonable. A demand letter would reasonably cost around $400, the registration of a lien would reasonably cost around $1,000 including all the registration fees. If a Strata paid significantly more than those amounts to a law firm, we expect that the court would not order that an Owner pay those costs. STRATAS SHOULD NOT HAVE TO PAY LEGAL FEES TO RECOVER UNPAID STRATA FEES FROM AN OWNER Stratas must remember that not all legal costs incurred in pursuing arrears will necessarily be recoverable, and that legal work should remain clearly connected to lien registration and enforcement. After issuing a demand under s. 112, Stratas should move promptly to lien registration if the arrears remain unpaid, so that the cost of the demand might be recoverable. Stratas should take particular care to avoid unnecessary legal costs once arrears have been paid.

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.

"It makes one a better person to have had hardships and to have overcome hardships" -- Maureen Forester IS THERE A LIMIT ON A STRATA CORPORATIONS DUTY TO ACCOMMODATE? A strata corporation’s duty to accommodate is significant, but it is not unlimited: the duty is to take all reasonable and practical steps to accommodate a protected need, usually a disability-related need, to the point of undue hardship. In the strata context, this means the strata must meaningfully investigate the request, obtain and consider relevant information, explore reasonable options, and avoid relying mechanically on bylaws, rules, cost, inconvenience, owner opposition, or “fairness” concerns as a reason to refuse accommodation. Understanding the limits of accommodation is just as important as understanding the duty itself. A strata is not required to provide the complainant’s preferred or perfect accommodation, nor is it required to accept an accommodation that would impose undue hardship, such as significant negative impacts on other residents, excessive cost in light of the strata’s financial circumstances, serious safety risks, or practical impossibility. IS AN APPLICANT ENTITLED TO THE EXACT ACCOMMODATION THEY ARE SEEKING? An applicant is not entitled to their preferred or ideal solution. The law requires a strata corporation to balance the rights of the various parties and provide a reasonable accommodation in the circumstances. This means that: The strata may choose among reasonable options. Alternative solutions may be acceptable. The accommodation need not eliminate all inconvenience. The standard, once again, is reasonableness—not perfection. WHAT IS UNDUE HARDSHIP? In a strata context, undue hardship is the point at which accommodating an owner, tenant, occupant, or visitor’s protected need — most often a disability-related need — would impose a burden on the strata corporation that is more than merely inconvenient, unpopular, administratively difficult, or costly. In short, undue hardship is not established simply because accommodation is inconvenient, expensive, or unpopular. Some level of hardship is expected. The question is whether the burden becomes unreasonable when viewed in light of all the circumstances. In order for a Strata Corporation to claim undue hardship the proposed accommodation must cause significant negative impacts on other residents, excessive cost in light of the strata’s financial circumstances, serious safety risks, or practical impossibility. HOW DOES A STRATA CORPORATION PROVE UNDUE HARDSHIP? A strata must prove undue hardship with actual evidence, not assumptions, and must show that it considered reasonable alternatives before refusing or limiting the accommodation. In assessing undue hardship, courts and tribunals consider factors such as: Financial cost of the accommodation. Health and safety risks. physical or structural limitations of the building. Whether the requested accommodation would undermine essential strata operations. Impact on other owners. Practical feasibility of the accommodation. Financial cost alone will rarely establish undue hardship, particularly where the cost of the accommodation can be paid from the contingency reserve fund. Tribunals have required strata corporations to undertake significant expenditures from their contingency reserve fund where necessary to remove barriers, particularly where the impact on the individual is severe. However, where accommodation would require a special levy to fund it, it is more likely to amount to undue hardship. WHAT TYPE OF CLAIMS DO NOT QUALIFY FOR ACCOMMODATION? Not all personal circumstances give rise to a duty to accommodate. For example: Financial hardship alone is not a protected ground. Age, without more, does not create a duty to accommodate. General preferences or conveniences are not sufficient. The duty arises only where there is a clear connection between a protected ground and the disadvantage experienced. CONCLUSION ON UNDUE HARDSHIP The limits on the duty to accommodate are grounded in the same principle that underlies much of strata law: reasonableness. Strata corporations are required to take meaningful and practical steps to remove barriers and address the adverse impacts of disability, but they are not required to provide perfect solutions or to accept every proposed accommodation. The concept of undue hardship ensures that accommodation remains balanced, taking into account cost, safety, feasibility, and the legitimate interests of the broader ownership. At the same time, those limits cannot be used to avoid the duty altogether. The obligation to accommodate persists even where doing so is difficult, unpopular, or requires navigating the procedural requirements of the Strata Property Act. Ultimately, strata corporations must engage in a careful and good faith balancing exercise—one that respects both the human rights of individuals and the collective realities of shared property ownership.

IS A CIVIL RESOLUTION TRIBUNAL ORDER ENFORCED BY THE TRIBUNAL? When the Civil Resolution Tribunal (“CRT”) makes an order requiring an owner to pay money, the Strata might assume that the payment will automatically follow. Ideally, a debtor voluntarily pays the ordered amount. However, if they do not, a CRT order is not immediately enforceable on its own and it must be enforced through either the Provincial Court of British Columbia or the British Columbia Supreme Court. HOW IS A CIVIL RESOLUTION TRIBUNAL ORDER REGISTERED WITH THE PROVINCIAL COURT? A common first step in enforcing a CRT order is to file a validated copy of the order with the Small Claims Registry of the Provincial Court. Once filed, the CRT order has the same force and effect as a Provincial Court judgment, allowing the Strata to begin enforcement proceedings. The order may be filed: In person at the courthouse. By fax. Electronically through Court Services Online. There is a filing fee for registration. Once filed, the court will provide a filed copy of the judgment. In many cases, collection is straightforward once the order is properly registered and the debtor understands that the debt can ultimately be enforced against their Strata Lot. HOW IS A CIVIL RESOLUTION TRIBUNAL ORDER REGISTERED ON THE TITLE TO A STRATA LOT? To register the judgment on the title of a Strata Lot, a lawyer, notary public, or registry agent submits the required documents to the Land Title Office. Once registered, the judgment remains on title for two years unless renewed. The underlying judgment itself remains enforceable for ten years. A CIVIL RESOLUTION TRIBUNAL ORDER CANNOT BE ENFORCED BY THE TRIBUNAL AND THE COURT MUST BE USED TO ENFORCE IT A CRT order has weight because it can ultimately be enforced like a court judgment. When the order itself is insufficient to convince the debtor to pay, registering the judgment against the debtor’s Strata Lot can place significant pressure on them to resolve the debt, and is often enough to secure payment without further enforcement steps.

"The duty to accommodate a person with a disability is a core and transcendent human rights principle” -- Québec (Commission des norms, de l’équité, de la santé et de la sécurité du travail) DOES THE HUMAN RIGHTS CODE APPLY TO STRATA CORPORATIONS? The BC Human Rights Code (the “Code”) applies to strata corporations because strata corporations provide housing-related services, facilities, governance, enforcement, and management functions to owners, tenants, occupants, and visitors, and they must not discriminate on protected grounds such as disability, age, family status, sex, race, religion, gender identity or expression, and other grounds protected by the Code. Because the Code has primacy over other provincial laws, a strata corporation cannot rely on the Strata Property Act, its bylaws, rules, or owner votes to justify discriminatory conduct, and must reasonably accommodate protected needs to the point of undue hardship. What this means is that strata corporations are required to comply with the Code at all times, including when enforcing bylaws, rules, and policies. IS A STRATA CORPORATION REQUIRED TO ACCOMMODATE RESIDENTS? A strata corporation is required to accommodate residents. Compliance with the Code includes a duty to accommodate owners, tenants, and occupants where a bylaw, decision, or physical condition on the property has an adverse impact on a person because of a protected ground, most commonly disability. Understanding when this duty arises, and what is required to fulfill it, is essential to lawful and effective strata governance. While the duty to accommodate is a significant obligation, it is not automatic or unlimited. The duty to accommodate is triggered only in specific circumstances and requires cooperation between the strata corporation and the person seeking accommodation. Clear understanding of this process reduces conflict and ensures that accommodation requests are handled fairly and lawfully. WHEN DOES A STRATA CORPORATION’S DUTY TO ACCOMMODATE ARISE? A strata corporation’s duty to accommodate only arises after the strata corporation becomes aware of a need to accommodate a resident; usually this occurs after a resident applies for accommodation. A strata corporation’s duty to accommodate is not proactive. A strata corporation is not required to investigate whether a resident may require accommodation. Instead, the obligation arises only when the resident makes the strata aware of the need for accommodation and provides sufficient supporting information, or it should be obvious to the strata corporation that the individual requires accommodation. The duty to accommodate is triggered when three conditions are met: The person has a protected characteristic (such as a disability). A bylaw, rule, action, or physical condition on the common property creates a burden or disadvantage. That burden is connected to the protected characteristic. WHAT INFORMATION DOES A STRATA CORPORATION NEED IN AN APPLICATION FOR ACCOMMODATION? The requirement to provide medical information does not necessarily require extensive medical disclosure, but in most cases it does require more than providing a brief doctor’s note. A person seeking accommodation must provide enough information to allow the strata council to understand: That they have a disability. How that disability is adversely affected by the strata’s bylaws, actions or physical conditions. In clear cases—such as where a person has a visible mobility limitation or a disabled parking permit—little additional information may be required. However, in less obvious cases, supporting medical evidence establishing a connection between the disability and the requested accommodation will be necessary. Once sufficient medical information is produced to trigger the Strata Corporation’s duty to accommodate, both the strata corporation and the applicant must participate in a cooperative process to determine what accommodation is necessary. WHAT IS THE ACCOMMODATION PROCESS? The accommodation process requires the parties to: The parties to gather and exchange sufficient information to understand the applicant’s need for and options to accommodate. The parties to explore reasonable options in good faith, together. The strata corporation to meaningfully consider the request. The accommodation process is not one-sided. The applicant must also cooperate, provide relevant information, and remain open to reasonable alternatives. WHAT IS THE STANDARD OF ACCOMMODATION? When accommodating an applicant who has proven a need for accommodation, a strata corporation is not required to provide a perfect solution. The standard for accommodation is reasonableness, and not perfection. A reasonable and workable accommodation that balances the applicant’s needs with the interests of the strata corporation, including its budget, will not be overturned by a court or tribunal. WHAT CAN REASONABLE ACCOMMODATION LOOK LIKE? Accommodation can take many forms depending on the circumstances, including: Exemptions from bylaws (such as pet, occupancy, and alteration restrictions). Prohibiting smoking or scents. Modifications to common property (such as the construction of ramps, the fitting of door openers, or installation of other accessibility features). Changes to policies or enforcement practices. Courts and tribunals have confirmed that accommodation may require significant adjustments, including physical changes to buildings or exceptions to otherwise valid bylaws, where necessary to address a disability-related barrier. DOES THE DUTY TO ACCOMMODATE OVER RIDE THE STRATA PROPERTY ACT? The duty to accommodate does not displace the statutory framework imposed by the Strata Property Act. A strata corporation must still comply with the Act when carrying out accommodation, including obtaining the required approvals for expenditures from the contingency reserve fund under section 96 and securing the appropriate owner approval for significant changes to common property under section 71. In other words, the existence of a human rights obligation does not give council the authority to bypass mandatory voting thresholds or procedural requirements. Accommodation must be pursued within the structure of the Act, using the mechanisms available to the strata to lawfully approve and fund the necessary work or approve changes to the common property. Conversely, compliance with the Strata Property Act does not relieve a strata corporation of its duty to accommodate. An owner vote rejecting a proposed accommodation—whether by defeating a special levy or refusing to approve a significant change—does not extinguish the strata’s obligations under the Human Rights Code. Where accommodation is required, the strata corporation must continue to take reasonable steps to achieve it, which may include revising proposals, seeking alternative solutions, or, where necessary, pursuing court or tribunal relief to overcome governance deadlock. The duty to accommodate and the requirements of the Strata Property Act operate in parallel, and neither can be used to avoid the other. CONCLUSION ON THE DUTY TO ACCOMMODATE The duty to accommodate is a fundamental aspect of strata governance under human rights law. It requires strata corporations to respond thoughtfully and flexibly to situations where bylaws or conditions create barriers for individuals with disabilities. At its core, the duty to accommodate is about reasonableness, cooperation, and fairness. When both the strata corporation and the individual engage in the process in good faith, accommodation can be achieved in a way that respects both human rights and the collective interests of the strata corporation’s owners and residents.

WHY IS STORYTELLING A GOOD WAY TO PERSUADE? When you want another person to understand your perspective, believe that your memories are accurate, or be persuaded that your preferences should be followed, it is very useful to provide this information in the form of a narrative or story. A narrative or story is distinguished from other forms of communication, such as tables, graphs, mathematical equations or lists, because it is “told” by someone. This adds an additional layer of complexity and six requirements to be used effectively: It is about people who have reasons for their actions and connects intention to action. It accounts for or explains all the known or undeniable facts. It is told by a credible witness. It is supported by details. It follows common sense and contains no implausible elements. It is organized in a way that makes the next fact increasingly more likely. WHY DOES A STORY NEED TO CONNECT INTENTION TO ACTION? When describing a situation that includes people, there must be an explanation for the actions that they take. It is generally not persuasive to simply describe a series of events – that person did that thing, then another thing, and then another thing is not a story, it is a chronology. For example, saying that an owner: 1. Wrote to the council asking for permission to alter common property. 2. Ten days later requested a hearing with the council. 3. Thirty days later altered the common property. Is not particularly persuasive because there is no statement about what caused the person to alter the common property. Contrast that with the following example: Trevor wrote to the council asking for permission to change the flooring in his kitchen because he believed that it was common property because it was the original flooring. After doing some research, Trevor realized that he may have been mistaken about the requirement for permission because although the flooring was original he thought it was not common property. He then requested a hearing from the council asking for them to decide whether written permission was required to change the flooring in his kitchen. A member of the council called him and told him that the council agreed that he was entitled to a hearing, but that they did not require him to receive written permission before change the kitchen flooring. With this new information, Trevor contracted with a flooring company to replace the flooring. WHY DOES A STORY NEED TO ACCOUNT FOR OR EXPLAIN ALL KNOWN OR UNDENIABLE FACTS? A narrative or story is generally unpersuasive if the audience is unsure about how important facts are addressed. If the audience thinks “Ok, but what about...” the story is less likely to be persuasive. This is sometimes referred to as a plot hole. Continuing the previous example, imagine if there was another fact that was not addressed – that Trevor told another owner, before he asked permission to change his flooring, that he had signed a contract with a company to replace the flooring. This additional fact makes the explanation for Trevor’s actions less persuasive unless it is accounted for in the story. In our example, this fact may be consistent with his actions. For example, perhaps Trevor signed the contract and then when the contractor went to his strata lot for a final measurement the contractor asked Trevor whether he had permission from the council. This was what triggered Trevor to ask permission to change the flooring. It is important, when constructing and editing a story, to make sure you place yourself in the perspective of your audience and address their expectations about the thoroughness of the story. It is important when using narrative or story to make sure that you have considered all the known or undeniable facts before you tell the story. WHY DOES A STORY NEED TO BE TOLD BY CREDIBLE WITNESSES? A narrative or story is told by someone or multiple people. The people that are telling the story must be credible witnesses and that credibility is usually connected to a direct experience of the events of the story. For example, a story that relies on a person who knows about the events because “people say” or “I heard that” is less persuasive than an actual witness. For the previous example, if that story was told by Trevor it would be more persuasive because Trevor can describe his motivations from his personal perspective. If that story was told by a property manager, who heard it from a member of the council, who heard it from a neighbour, who overheard a conversation between Trevor and his contractor then it would be much less persuasive. WHY DOES A STORY NEED TO BE SUPPORTED BY DETAILS? In addition to accounting for all the known facts, a persuasive story is supported by details that are consistent with the usual experience of people. Returning to the example, if Trevor described his reaction to the contractor asking him if he had permission to change the flooring then an audience would be more likely to be persuaded that conversation occurred. Similarly, if he described his relief or what he was doing when he was told by a council member that he did not need permission, that would be more persuasive. The opposite is true, if there are no supporting details then the narrative is less persuasive. If Trevor could not remember his reaction when asked if he had permission or could not recall what he was doing when he got a call from a council member, that is less persuasive. People expect that important events are remembered – not only regarding the specific parts of that event but the surrounding circumstances and context. However, there is another aspect that should be considered. When an event is not considered to be important when it occurs, but later takes on unexpected importance, it is more persuasive that a person does not remember a lot of surrounding details. For example, if it is somehow important that there was a green truck parked in a Strata parking lot, it is likely more persuasive for an owner to say only that they remember seeing that truck last week during the day instead of providing too much supporting detail. In this type of situation, extensive supporting details may imply that the memory is reconstructed or invented. WHY DOES A STORY NEED TO FOLLOW COMMON SENSE? A narrative or story is more persuasive when the audience can imagine that they would act in a similar way in a similar situation. There is a risk that a narrative becomes less persuasive when the explanation for events does not follow common sense even if there is an explanation. Using the example of the additional fact that Trevor told another owner, before he asked permission to change his flooring, that he had signed a contract with a company to replace the flooring. If, in an attempt to be persuade an audience that this did not occur, Trevor said that when he made that statement he was mistaken about what room he was going to replace the flooring in and there was no signed contract that would likely be unpersuasive because it is not a common experience to be incorrect about that sort of detail. Conversely, it is much more consistent with common sense for Trevor to say that he had not considered whether he required permission until the question was raised by the contractor. WHY DOES A PERSUASIVE STORY NEED TO BE ORGANIZED TO MAKE THE NEXT FACT INCREASINGLY MORE LIKELY? While telling a story out of sequence may be great for entertainment purposes, such as in the movie Memento, it is not a good strategy to tell a persuasive story. Similarly, telling a story that goes onto tangents or includes extraneous information also can be less persuasive. When telling a story for the purpose of persuasion, it is very useful to keep the audience focused on what you want them to understand or believe. In the above example, if there were a lot of extra facts about Trevor’s vacation, or his employment, or his friend that had seven children, it would dilute the parts of the story that it is important for the audience to be paying attention to. It is a useful technique, when telling a story, to put yourself in the perspective of the audience. If the audience is asking themself “what does this have to do with the story” then your story is less likely to be persuasive even if the point you are making will eventually be perceived as relevant. Linear and direct narrative structure is the best way to be persuasive and this structure can be highlighted by providing an overview and “sign posts”. STORYTELLING IS A GREAT WAY TO BE PERSUASIVE, WHEN DONE CORRECTLY When you want another person to understand your perspective, believe that your memories are accurate, or be persuaded that your preferences should be followed it is very useful to provide this information in the form of a narrative or story. However, a narrative or story must include these six requirements in order to be considered a persuasive version of events and not a product of imagination or an attempt to explain actions with the “benefit of hindsight”.

HOW CAN AN OWNER GET AN OFFICIAL COPY OF THE STRATA'S BYLAWS? The Strata is required by the Strata Property Act to have a copy of the current bylaws and to make them available for inspection or copying by an Owner. However, in our experience Strata's often have incorrect copies of the Bylaws because the version they have either has not been filed with the Land Title and Survey Authority of British Columbia (LTSA) or is 'consolidated' but not voted on. The official copy of the Strata's bylaws is the version that has been registered with the LTSA. WHY WOULD AN OWNER WANT AN OFFICIAL COPY OF THE STRATA'S BYLAWS? The official copy of a Strata's bylaws is the copy that has been registered with the LTSA and an Owner should always get a copy from the LTSA when it is important that the Owner have a current and official copy. The LTSA also will have copies of all prior versions of the bylaws and this can sometimes be useful to an Owner. This guide explains how to retrieve registered strata bylaws from the Land Title and Survey Authority of British Columbia (LTSA) using the myLTSA online system. Strata bylaws are accessed through an Index Search (Strata Plan General Index) and can be viewed, purchased, and downloaded once it is located. A valid LTSA account is required, and fees apply for searches and document purchases. WHAT ARE THE STEPS TO GET A STRATA'S BYLAWS FROM THE LTSA? Log in to myLTSA account using your credentials. Navigate to Index Search and select “Index Search” from the dropdown menu. Enter your internal file reference number if that would be useful. A reference number can help you track the search and order in your LTSA account. Confirm that the Search Type is “Strata Plan General Index” (this is the default option). Enter Search Criteria that is either the Strata Plan Number (e.g., LMS #### or EPS ####) or the Parcel Identifier (PID). If you are unsure how to get the PID see our article on how to retrieve the PID for a property. Submit the Search by clicking “Purchase” to run the Index Search. A search fee applies, even if no documents are returned. Review the Index Search Results page. You may click “Print Page” to print the results list if it would be useful. This is a list of filed documents and may include: Strata bylaws (including multiple filings of amendments). Mailing Address (see our article on the Strata Mailing Address). Designations of Limited Common Property (see our article on Limited Common Property) Select the Bylaw Document of multiple bylaw documents. It is important to realize that the LTSA records all Bylaws and Bylaw Amendments filed through a Form I (see our article on Form I for more information). The Index Search Results shows the number of pages for each Bylaw Document and this can indicate whether a particular filing is a consolidation of the bylaws or if it is only a small amendment. For example, if a Bylaw Document is only 1-5 pages, it is likely only an amendment. It is important to retrieve all Bylaw Documents from the most recent consolidation to the present, and to remember that bylaws that the copy of a document filed with the LTSA is not amended if a bylaw in a set of bylaws is repealed, amended, or replaced. Review the list carefully and check the box beside the bylaw document you want. Preview the Bylaw Document prior to purchasing it (this is optional but recommended). Purchase the Bylaw Document by clicking "Purchase" to complete the order. The Bylaw Document will be delivered to your LTSA Account Inbox. If email forwarding is enabled, it will also be emailed to the provided email address. Download and Print the Bylaw Document. Open the purchased document from your LTSA inbox. Download and/or print a copy for your records.

"I make no apologies for being reasonable." -- Barack Obama WHAT IS THE STRATA CORPORATION’S DUTY TO REPAIR? The duty to repair and maintain common property and those parts of the strata lot that is has taken responsibility for under the bylaws is one of the most important obligations imposed on a strata corporation. Owners often assume that this duty requires the strata corporation to immediately carry out repairs, replace a building component instead of repair it, or implement the best possible solution to every problem. However, the law has clearly established that a strata corporation’s duty is governed by a standard of reasonableness, not perfection. Understanding how this standard operates—and how courts treat decisions made by strata councils and owners—is essential to evaluating whether a strata corporation has met its obligations. WHAT DOES REPAIR AND MAINTAIN MEAN? Section 72 of the Strata Property Act requires a strata corporation to repair and maintain common property. The words “repair” and “maintain” are interpreted broadly, such that a strata corporation’s duty to repair and maintain includes a duty to inspect, a duty to repair, and a duty to replace if necessary. The strata corporation’s obligations are not absolute. Instead the obligation to repair and maintain is measured against what is reasonable in the circumstances. The courts have repeatedly confirmed that: A strata corporation must act reasonably, not perfectly. Budgetary constraints are a legitimate and necessary consideration. The strata must balance competing interests among owners. This means that even where multiple repair options exist—such as “good, better, or best”—the strata is entitled to choose a reasonable solution rather than the optimal or most expensive one. BALANCING COSTS AND COMPETING INTERESTS In carrying out its duty, a strata corporation must act in the best interests of all owners. This requires balancing: The cost of repairs. The financial capacity of the ownership group. The urgency and severity of the issue. Competing repair priorities within the building. The obligation is therefore not simply to fix every problem immediately, but to do so in a way that achieves the greatest overall benefit for the ownership as a whole. DOES THE COUNCIL HAVE DISCRETION REGARDING PRIORITIZATION OR REPAIRS? The law also recognizes that strata councils must make practical decisions about timing and scope of repairs and as such the courts and tribunals have confirmed that: Owners cannot dictate how repairs are carried out. Strata corporations are entitled to prioritize repairs. Decisions about scope, timing, and funding fall within council discretion, so long as the Council is making reasonable decisions. This allows strata corporations to manage complex buildings in a structured and financially sustainable way. CONCLUSION ON THE DUTY TO REPAIR AND MAINTAIN. The duty to repair and maintain common property is governed by a flexible and practical standard. Strata corporations must act reasonably, balancing cost, necessity, and the interests of all owners.

HOW CAN A STRATA BE FLEXIBLE IN AUTHORIZING USE OF THE COMMON PROPERTY? For very practical reasons a Strata needs to be able to take the property rights from one owner to give them to another, and the Strata Property Act gives the Strata a practical solution that includes reasonable controls on this exceptional power. Through Exclusive Use Agreements, the Council can allocate property rights in a flexible way without giving up ownership or creating permanent rights. These agreements are most commonly used for parking spaces and storage areas. They permit a Strata to allow an individual owner or tenant to have exclusive use of an area of common property, without permanently “taking away” other Owners property rights. WHAT IS AN EXCLUSIVE USE AGREEMENT? A Strata cannot simply give an owner indefinite rights over property that is owned collectively. This is because common property is owned by all owners. Importantly, the Strata does not own the common property, so it cannot deal with the common property except as expressly permitted by the Strata Property Act or with the consent of the owners of that property. Instead, the Council can approve a resolution to give an owner or tenant the exclusive right to use part of the common property or a special privilege in relation to common property for up to one year at a time. This arrangement can be renewed each year. This is similar to the designation of common property as limited common property, but it has three key advantages: An Exclusive Use Agreement only requires a Council resolution, not a ¾ vote of the owners and a filing with the Land Titles Office. An Exclusive Use Agreement can be made subject to conditions which create an opportunity to require conditions that are not specifically provided by the Strata Property Act. An Exclusive Use Agreement can be limited to a special privilege instead of exclusive use, and this means that the Strata can continue to have some rights of access over that area of the common property. WHAT TYPE OF CONDITIONS CAN BE DEMANDED BY THE STRATA UNDER AN EXCLUSIVE USE AGREEMENT? The ability to require conditions is an important power that should be fully considered and understood by both members of council and the owners requesting an Exclusive Use Agreement. This allows the Council to essentially form a contract with an owner that can include any conditions permitted by the law of contract. For example, the Council may require: Payment of a fee for the use of the area. Cleaning or maintenance of the area. That the area be used only for a specific purpose (such as parking a vehicle and not for vehicle maintenance). Limits on what can be kept in the area (for example, no hazardous materials). Access rights for the Strata or other people. Because the agreement is only for a year, the Council can change these conditions over time or choose not to renew the agreement at all. This allows the Strata to respond to changing needs and unforeseen problems. Furthermore, the Strata Property Act specifically permits the Strata to cancel an Exclusive Use Agreement within the year if it provides reasonable notice of the cancellation. The fact that the Strata Property Act only requires notice and not a reason, it means that the Strata has the ability to essentially “change its mind” even if the owner has complied with all the conditions. EXCLUSIVE USE AGREEMENTS ARE IMPORTANT TOOLS FOR ROBUST AND RESLIIENT STRATA COMMUNITIES Exclusive Use Agreements are a practical tool available to Stratas. They allow the Council to assign, constrain, and periodically reassess the use of common property, all without requiring a ¾ vote of the owners. Most importantly, they allow the Council to impose conditions on the use of a specific space in a way that cannot be achieved through bylaws or user fees. Robust and resilient Strata Communities identify that short term use or common property by Owners is an important way to deal with the needs of the community in a way that is responsive and respectful and but does not fundamentally interfere with ownership rights. For example, for most Owners, it would seem reasonable that someone with mobility issues would be given the right to park a vehicle in a space that minimized the effect of that disability and this is easily achieved through a short term use agreement.

HOW DO I GET A COPY OF MY STRATA LOT TITLE FROM THE LTSA? The easiest way to obtain a copy of a land title from the Land Title and Survey Authority of British Columbia (LTSA) is using the myLTSA online system. A valid LTSA account is required, and fees apply to order and download a title. WHY WOULD I WANT A COPY OF MY STRATA LOT TITLE? A title search provides information about the registered owner(s), legal description, and charges registered against a property. The charges that are registered against your property can include rights of way, easements, covenants, and mortgages. The charges registered against your property may also apply to the common property and it may be useful to also retrieve a copy of the title of the common property. It can be useful for Owners to review a copy of their Strata Lot title: Before listing their strata lot for sale, to confirm there are no new charges. After removing a mortgage or renegotiating a mortgage to confirm the title is accurate. This is particularly important if their is a line of credit secured against a Strata Lot that has been closed. After completing major renovations of repairs to ensure that no Builders Liens have been filed. When their is a dispute with the Strata regarding unpaid fees or special levies to confirm if the the Strata has filed a Certificate of Lien (see our articles on a Certificate of Lien for more details) When involved in court proceedings or family law proceedings to ensure there is no certificate of pending litigation of judgment registered on the title. WHAT ARE THE STEPS TO GET A PROPERTY TITLE FROM THE LTSA? Log in to your myLTSA account using your credentials. Navigate to Order a Title. Enter your internal file reference number if that would be useful. A reference number can help you track the search and order in your LTSA account. Enter the Title Number in the “Document / Plan Number” field, e.g. CB1234567. If you do not have the title number, you may need to perform a Title Search using a PID or legal description instead. See our article on how to retrieve the PID or legal description to a property, for details. Click “Continue” and the website The will display a list of matching documents (titles). Select the Correct Title. You can scroll through the list to locate the title you require. It is always a good idea to confirm that the details match the property (legal description, land title district, etc.). View and Download the Title. Before downloading and/or printing a copy of the title for your records, you can select the title to open it for viewing.