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"Telling someone they’re wrong is not the same as leading or inspiring them to do what’s right.”— Andy Stanley HOW CAN THE COURTS INTERVENE IN STRATA REPAIR AND MAINTENANCE DECISIONS? Although courts usually defer to strata decisions on repair and maintenance, they also have the power to intervene in limited circumstances. Courts can intervene in a strata corporation’s repair and maintenance decisions in two main ways: · First, under section 173(2) of the Strata Property Act, the BC Supreme Court may authorize a special levy for repairs where the levy received more than majority support but failed to obtain the required 3/4 vote, with the court generally deferring to the strata corporation’s chosen repair scope and recognizing that the work need not be immediately necessary or limited to the minimum possible repair. · Second, through a Tadeson Order under section 165, the court may compel a strata corporation to carry out necessary repairs where the strata is unwilling or unable to meet its statutory repair obligations, often because of owner deadlock, repeated voting failures, or refusal to fund the work. In short, courts usually defer to strata repair decisions, but they will intervene either to help a strata corporation implement approved-but-underfunded repairs, or to force necessary repairs where strata governance has broken down. What is an application made under section 173(2) of the Strata Property Act? Section 173(2) of the Strata Property Act, empowers the BC Supreme Court to authorize a special levy to fund repairs where the resolution received more than a majority vote, but failed to achieve the ¾ vote required by section 108 of the Strata Property Act. When using section 173(2) to authorize a special levy, the courts have recognized that the purpose of the provision is to break deadlocks among owners, and have repeatedly shown a deference to the Council’s decisions on the scope of the repair and maintenance to be carried out, such that: Repairs do not need to be immediately necessary. The Repairs do not need to be the minimum scope of work necessary to solve an issue. Recent appellate decisions confirm that courts will support strata corporations in fulfilling their repair obligations, even where the chosen work is not immediately required and the scope exceeds the minimum necessary work. What is an application for a Tadeson Order under section 165 of the Strata Property Act? A Tadeson Order is a form of relief granted by the Supreme Court of British Columbia that compels a strata corporation to fulfill its statutory duty to repair and maintain common property, and which orders a special levy to pay for the repairs. Tadeson Orders are sought by individual owners or groups of owners, in situations where a strata corporation is unable or unwilling to proceed with necessary repairs, often due to internal deadlock, persistent voting failures, or reluctance by owners to approve the required funding. In these circumstances, the Court may step in to direct that repairs be undertaken and may also grant ancillary relief necessary to make the order effective. This can include authorizing the strata to proceed with a specific scope of work, requiring the approval or imposition of a special levy, or otherwise facilitating the implementation of the repairs. Tadeson Orders are different from section 173(2) orders in that: · they are made to have the Court order repairs to be carried out. · they are sought by owners, and not the strata council. Since the introduction of section 173(2), applications for Tadeson Orders are usually only made where a strata corporation is refusing to carry out necessary repairs, or the resolutions to approve a levy to carry out repairs does not obtain majority support. When faced with an application for a Tadeson Order, the Courts will generally rely on the evidence presented—often including engineering reports, depreciation reports, and council decisions—to determine whether the strata has failed to meet the standard of reasonableness required under section 72 of the Strata Property Act. Where that failure is established, the Court’s role is to ensure the strata corporation’s compliance with the statutory duty. Unlike with a section 173(2) order, when issuing a Tadeson Order, the Courts will substitute their judgement for what repairs are necessary over that of the strata corporation. What this means, is that Tadeson Orders may often result in a larger scope of work being carried out than what the Strata Corporation planned for. In effect, a Tadeson Order operates as a backstop to strata governance. While the Strata Property Act is built on democratic decision-making and owner control, those principles cannot be used to avoid mandatory repair obligations. Where the strata’s processes break down or result in inaction, a Tadeson Order ensures that necessary repairs proceed, protecting both the integrity of the building and the interests of all owners. PRACTICAL IMPLICATIONS FOR OWNERS For owners, this legal framework has several important consequences: Disagreement with a repair decision does not make it unreasonable. The strata is not required to adopt the cheapest or most extensive solution. Majority-approved decisions are difficult to challenge. Delays or prioritization of repairs may be reasonable depending on circumstances. Owners must therefore assess strata decisions through the lens of reasonableness, not personal preference. CONCLUSION ON COURT INTERVENTION WITH STRATA’S REPAIR DECISIONS Deference to a Strata Corporation’s has clear limits. Where a strata corporation fails to meet its statutory obligations—whether through inaction, deadlock, or unreasonable decision-making—the courts retain the authority to intervene through mechanisms such as section 173(2) orders and Tadeson Orders. These tools ensure that necessary repairs are not indefinitely delayed and that the integrity of the building is preserved. Ultimately, the law strikes a careful balance: it protects the autonomy of strata governance while ensuring that mandatory repair obligations are fulfilled when that governance breaks down.

WHY DOES A STRATA HAVE TO MAKE AND KEEP RECORDS? One of a Stratas most important responsibilities is to create and maintain records. These records allow owners to understand how the Strata is organized, how money is spent, and what decisions are made. Proper record-keeping allows for transparency, accountability, and the smooth operation of the Strata over time. Record-keeping is not optional. The Strata must maintain a continuous and reliable record over time. WHAT RECORDS DOES A STRATA NEED TO CREATE? A Strata must create and maintain up-to-date records about its governance and finances. These records are necessary for communication within the Strata and financial transparency. The records a Strata must create includes: A list of council members. Contact information for council members so they can be reached at short notice, A list of owners that includes: Strata lot addresses. Mailing addresses. Strata lot numbers. Parking stall and storage locker numbers. Unit entitlements. Records of incoming and outgoing payments, including the reason for each. WHAT RECORDS DOES A STRATA NEED TO RETAIN? In addition to the records that a Strata must create, it must also retain records that relate to it but are created by other people. Certain records must be kept until they are no longer relevant. For example, reports relating to major repairs can be disposed of when the object that was repaired is replaced entirely or removed. Most records do not need to kept forever and the length of time that a Strata must keep a record depends on the type of record. WHAT RECORDS DOES A STRATA NEED TO ONLY KEEP IN THE CURRENT VERSION? The Strata must keep current copies of key governance documents but do not need to keep records that are no longer valid. These include: The Strata Property Act and Regulations, which available from the BC Laws Website. The Strata’s bylaws. The Strata’s rules. WHAT RECORDS DOES A STRATA NEED TO KEEP PERMANENTLY? These are documents that do not 'expire' and could be necessary and relevant at any time. They include: The strata plan and any amendments. Resolutions that deal with changes to common property. Legal decisions by an arbitrator, judge or the Civil Resolution Tribunal. Records and contact details concerning the building of the Strata. All depreciation reports. Important electrical reports. WHAT RECORDS DOES A STRATA NEED TO KEEP FOR AT LEAST SIX YEARS? Strata records that deal with money and expenses generally need to be kept for at least six years. The specific records include: Waivers of general meetings. Budgets and financial statements. Income tax returns. Banking records. Insurance policies for six years after they end (generally seven years from when they are in force). Contracts for six years after they terminate. WHAT RECORDS DOES A STRATA NEED TO KEEP FOR AT LEAST TWO YEARS? A Strata must keep copies of all correspondence sent by or to the Strata for at least two years. We discuss, in this article, what is considered this form of correspondence. ROBUST AND RESILIENT STRATA CORPORATIONS ARE BUILT ON RELIABLE RECORD KEEPING Recordkeeping is a key and critical responsibility for the Strata. It is particularly important because the members of the Council can change, and it is inadequate to rely on the personal memories of member or Council. A lack of accurate and accessible records can lead to confusion, serious governance and financial problems, and a loss of confidence in the ability and trustworthiness of the Strata. In this article we discuss an Owners right to access a Strata's records. With well-kept records, owners can understand, participate in, and have confidence in the management of their property and community.

WHY WOULD STRATA FEES INCREASE? Strata Fees fund the ongoing operation of the Strata. As a Strata’s anticipated expenses increase, Strata Fees increase accordingly. Owners should understand how and why increases occur so that they can assess whether a proposed budget is reasonable and what to expect if fees change. We have an article explaining categories of expenditure in a budget. HOW ARE STRATA FEES DETERMINED? Strata Fees are set through the approval of the annual budget. The budget is based on the Strata’s projected expenses for the coming fiscal year, including contributions to both the operating fund and the contingency reserve fund. Strata Fees are not arbitrary. They reflect what the Strata believes it will need to spend to meet its purposes and obligations. The Strata Property Act does not limit the amount that Strata Fees can increase from year to year. However, the budget must be approved by a majority vote of the Owners, and if a majority of the Owners consider the proposed budget unreasonable, the resolution will be defeated. CAN STRATA FEES BE INCREASED RETROACTIVELY? Sometimes a budget isn’t adopted before the start of the new fiscal year. This occurs if the Annual General Meeting is delayed or if the proposed budget is not approved on the first attempt. Strata Fees remain the same as the previous year until the next budget has been approved, but by the time a new budget has been approved, the Strata may be months into a new fiscal year. If the approved budget creates an increase in Strata Fees, then each owner has underpaid their Strata Fees for the portion of the budget that has already occurred. For example, if monthly Strata Fees were originally $400 and were then increased to $500, there would be an under-payment of $100 for each month that had passed. In that situation, the Strata can either increase the monthly fees for the remaining months in the fiscal year or can require that the under-payment be corrected in a single lump sum adjustment. STRATA FEE INCREASES REQUIRE OWNER APPROVAL Strata Fee increases are driven by the Strata’s anticipated expenses and approved through the budget. While increases are not capped, they are subject to owner approval. Where a budget is approved late, owners may be required to make up the difference so that contributions align with the approved budget for the year.

"I respect the decisions of others, even if I disagree with them" -- Maya Angelou WHAT IS THE DUTY TO REPAIR AND MAINTAIN? The obligation to repair and maintain common property under section 72 of the Strata Property Act is often viewed by owners through the lens of outcome—what work is done, when it is done, and how much it costs. However, from a legal perspective, the focus is not on whether a strata corporation has chosen the “best” solution, but whether it has acted reasonably in the circumstances. This distinction is critical, as it frames how courts evaluate disputes over repair decisions and sets the boundaries for when judicial intervention is appropriate. DOES THE COMMON PROPERTY NEED TO BE PERFECTLY REPAIRED? The adequacy of the repair and maintenance of common property is judged on a standard of reasonableness, not perfection. The chosen repairs do not need to be the “best” solution. The Strata must act reasonably in the circumstances. This distinction is critical, because courts will not intervene unless the property is not reasonably repaired. WILL A COURT OVERRULE A STRATA’S DECISION ON REPAIRS? A court will only overrule a Strata’s decision about what repairs are needed when the decision of the Strata is not reasonable because it is made in bad faith or does not adequately address the identified problem with the property. Central to this analysis is the principle of judicial deference. The starting point for any judicial analysis of a strata corporation’s decision related to repair and maintenance is deference to the decision made by the strata council as approved by the owners. When a court is considering if it should overrule a Strata decision that the repairs were proper, the judge will start with recognizing that it must defer to the Strata’s decision unless the decision was unreasonable. If the Strata’s decision was reasonable in the circumstances, a judge will not overrule a Strata’s decision on the basis that the judge would have made a different decision. Courts recognize that strata corporations are democratic bodies tasked with balancing competing interests, financial constraints, and practical realities. As a result, they are generally reluctant to interfere with repair and maintenance decisions that have been made in good faith and supported by a majority of owners. Understanding this deference—and its limits—is essential for both councils making decisions and owners seeking to challenge them. This means that: Strata corporations are not required to choose the best option or to replace a building component that can be repaired. Courts will not second-guess reasonable decisions of the councils as approved by the owners. Democratic decisions made by owners (even a majority of owners) carry significant weight. Judicial intervention is limited to situations where the strata’s actions fall outside the bounds of reasonableness.

IS EVERY PAYMENT FROM AN OWNER A STRATA FEE? Most people use the term “strata fees” to mean any money they pay to their Strata. Legally, strata fees are much more specific. Not every payment to the Strata is a strata fee, and the distinction is important because strata fees are subject to their own rules, including how they can be enforced. WHAT ARE STRATA FEES? Strata fees are the regular payments that owners make to fund the ongoing expenses of the Strata. They are paid into the operating fund and the contingency reserve fund and are typically paid on a monthly basis. These fees keep the Strata running. They cover things like insurance, utilities for common areas, management fees, maintenance, and repair and contributions to the contingency reserve fund. We have an article on budgets and Categories of Expense for the Operating Fund that provides examples of expenses that are covered by Strata Fees. Not every amount an owner pays to the Strata is a strata fee. Other types of payments include fines and user fees, which are legally distinct. If the Strata’s bylaws allow the Strata to charge interest on unpaid strata fees, then that interest is added to the strata fees amount total and is counted as strata fees for enforcement purposes. DOES IT MATTER IF THE STRATA REFERS TO ALL PAYMENTS FROM AN OWNER AS STRATA FEES? The distinction between general payments to the Strata (as examples, user fees and fines) and Strata Fees is important because Strata Fees are treated differently under the law. Most importantly, a Strata can file a Certificate of Lien on a Strata Lot for unpaid Strata Fees but not for unpaid user fees or fines or similar debts to a Strata. A Strata is built on the idea of shared responsibility. Certain things, like the repair and maintenance of common property are not left to individual owners; the responsibility is centralized and paid for collectively. Strata Fees create the Operating Fund and Contingency Reserve Fund that allow the Strata to carry out its basic functions. Because Strata Fees are necessary, Strata Fees are one of the types of debts that can be enforced by registering a Certificate of Lien against a Strata Lot. This is a legal claim against the property that must be cleared before the Owner can sell the Strata Lot or renew their mortgage. We have written articles about the procedure that a Strata must follow before a Certificate of Lien can be filed and an article describing the process of filing a Certificate of Lien (Form G) and an Acknowledgement of Payment (Form H). CAN AN OWNER REFUSE TO PAY STRATA FEES IN PROTEST OF MISMANAGEMENT OF THE STRATA? We have encountered situations where an owner has refused to pay their Strata Fees as a protest. Sometimes this is based on their idea that the Council is misspending money, that things are not being done properly, or that the budget is inappropriate or irresponsible. There is no lawful ability for an owner to refuse to pay Strata Fees. They are set in the budget based on a resolution passed by the owners. There is no available legal defence to the failure to pay Strata Fees, including no ability to “set off” strata fees against a debt that an owner alleges the Strata owes to that owner. If strata fees were treated as optional, the structure would not work. The Strata would either be unable to meet its obligations, or conscientious owners would need to over contribute to meet the shortfall caused by owners that did not meet their obligation. CAN THE COUNCIL WAIVE OR DELAY THE TIME THAT AN OWNER MUST PAY THEIR STRATA FEES? There is also no lawful ability for a Council to decide that an owner does not need to pay Strata Fees. There are situations where an Owner tells the Council that for some reason (usually related to an unexpected personal expense or employment issues) they cannot pay their Strata Fees and requests an amendment or a deferral on the time to pay Strata Fees. Unfortunately, regardless of how sympathetic the Council may be to an Owner’s personal situation, there is no discretion for the Council to vary an owner’s obligation to pay strata fees. STRATA FEES ARE FUNDAMENTAL TO THE PROPER RUNNING OF THE STRATA Strata Fees are the payments that fund the operation of the Strata. They do not include all money paid to the Strata, but a specific type of contribution with a defined role and based on a budget approved by the Owners at a general meeting. Understanding the distinction between Strata Fees and other payments to the Strata helps both owners and the Strata understand their respective obligations and powers and why certain enforcement tools, such as Certificates of Lien, are available for some debts and not for others.

WHAT IS A "HASTY GENERALIZATION"? There is a logical fallacy commonly referred to as “hasty generalization.” It occurs when someone takes a limited set of experiences and relies on them to persuade someone of a conclusion. A way to identify a hasty generalization is with reference to a purported common experience or using phrases such as “everyone knows” or “it goes without saying”. There is often a temptation by a decision maker to rely on a hasty generalization because it creates a “simple solution” to what may otherwise be a complicated situation. It is important, when advocating, to make sure that you do not attempt to persuade using hasty generalizations because when your audience realizes that you are relying on a hasty generalization it significantly weakens your argument. Similarly, when you are presented with a hasty generalization it is important to recognize it and identify your concerns. When advocating you must be aware that your argument may be perceived as a hasty generalization despite it being based on sufficient information. This can occur when you rely too strongly on a single example or are concerned that providing too much information will overwhelm or bore your audience. It is important, when you are relying on a selection of the available information, to make sure your audience is aware that there is additional information that you can provide if it would be useful. Related to the problem of advocating for a conclusion based on limited information is advocating for something based on a more significant collection of information when all that information contains the same bias. This problem, generally, is more difficult to detect than an inadequate amount of information. However, if you are thoughtful about a collection of information there is an opportunity to identify bias. Despite this fallacy appearing to be easy to detect and avoid, we have commonly encountered it. A very common example is regarding noise complaints. When an owner complains that they are disturbed by an unreasonable amount of noise coming from the strata unit above them it is not unusual for the Strata to enquire if there is hard surface flooring. If there is, then the Strata decides that the noise must be unreasonable. This is not a valid decision because it is a hasty generalization. There are several ways that the risk of noise can be mitigated – area rugs, wearing slippers, walking softly – a decision that is based on a single piece of information, that there is hard surface flooring, is a hasty generalization that is a logical fallacy. A similar situation is when the investigation of a noise complaint is reduced to a “measurement of the intensity of the noise.” The intensity of a noise is a single information point and does not establish whether there is an unreasonable amount of noise. Even a series of measurements would still result in a hasty generalization because it is all biased by the fact that it is simply a measurement of the intensity of noise from a single source and does not address other noises or the context in which the noise occurs. SIMPLE SOLUTIONS ARE NOT USUALLY PERSUASIVE A decision maker may be tempted to decide based on a hasty generalization because it provides a “simple solution” to what may otherwise be a complicated situation. However, despite the apparent usefulness of this technique, advocates need to avoid it because when an argument is identified as a hasty generalization it is very likely to not be persuasive. It is important to not rely too strongly on a single example because it may imply that an argument based on sufficient and unbiased information is a hasty generalization.

DOES A STRATA NEED TO FILE ITS BYLAWS? The Strata Property Act states that bylaws must be filed in "the land title office" to be enforceable. Therefore, any change, replacement, addition, amendment or repeal of bylaws must be filed with the Land Title and Survey Authority of British Columbia (LTSA). Bylaw amendments are not effective until they are filed at the Land Title Office, even if they have been properly approved by the owners. The filing with LTSA is done by An Amendment to Bylaws (Form I) in the prescribed form. The Form I serve as the certificate that confirms the bylaw amendment was approved by the required voting threshold and that a true copy of the amendment is attached for registration. WHAT IS THE FORM I? The Amendment to Bylaws Form I is a record of the "wording of bylaw amendment" that is signed by either two members of the Council or the property manager as evidence that the bylaws were properly adopted. The Form I permits the wording of the amended bylaw to be included in the Form I or that it can be attached to the Form I. Our advice is that the wording of the amended bylaw option be used only when the amendment is relatively short (one to three pages). Of note, the Form I does not require that the wording of the resolution passed by the Owners at a general meeting be included. However, sometimes Stratas want the resolution including with the Form I in addition to the minutes of the general meeting to make it easier to locate the resolution when retrieving the Form I from the LTSA. Here is what the Form I looks like: WHAT INFORMATION IS REQUIRED BEFORE AN AMENDMENT TO BYLAWS (FORM I)? Prior to preparing a Form I, the Strata should confirm that: The amendment was passed according to the Strata Property Act voting requirements (typically a 3/4 vote, but some circumstances require a sectional ¾ vote or other voting threshold). The wording of the resolution and result of the vote are recorded in the minutes of the general meeting. To complete the Form I, the Strata must have the following information: The Strata Plan Number. A statement certifying the bylaw amendment was duly passed under Section 128 of the Act (included in the Form I). Date of the general meeting. The Form I must be signed by either two council members or by an authorized strata manager acting under delegated authority. The date of execution must also be included. HOW IS AN AMENDMENT TO BYLAWS (FORM I) FILED? An Amendment to Bylaws (Form I) is filed electronically with LTSA. It can either be done by uploading an EFS PDF or by doing a web filing. An EFS PDF is a downloadable template provided by the LTSA and it is the older way of doing the filing. We strongly recommend that Form G's are filed using the Web Filing option. However, we are providing instructions for only the Web Filing option. These are the steps to properly file a Certificate of Lien (Form G) on a Strata Lot through the LTSA: 1. Prepare the completed Form I. You must ensure that: All mandatory fields are completed. Required signatures are included. 2. Log in to your LTSA Enterprise account This is done through myLTSA and uses the Strata’s, strata manager’s or Strata Lawyer's LTSA Enterprise account. 3. Ensure the myLTSA account is funded and the user has access to Web Filing tools. 4. Choose “Web Filing”. Web Filing forms must follow the LTSA’s Web Filing Form Practice Guides for proper completion. Select Web Filing from the left‑hand menu to create a new web filing form. Select “Create Application” and choose Form I - Amendment to Bylaws option. Enter the required information in the guided fields. Upload the bylaw amendment documents from step 1. Generate the Web Filing version of the form. 5. Apply the Juricert Digital Signature. All filings must be authenticated using a Juricert digital certificate, which is the only certificate accepted by LTSA for electronic submissions. The form must be fully signed before submission. Only approved signers with Juricert digital certificates may sign. (Using another person’s Juricert signature is prohibited under s.168.7 of the Land Title Act.) 6. Submit the Application. Once signed, submit it through LTSA’s Electronic Filing System (EFS).Upon submission: Fees are automatically processed. A CA number (pending application number) is assigned to the filing. You will receive a confirmation of submission. 10. Monitor Application Status. Track the application under “View Pending Applications.” LTSA will review the filing. If defects are found, LTSA will issue a defect notice outlining what must be corrected. Once accepted, the lien will be registered on the strata lot’s title. ARE REGISTERED BYLAWS LEGALLY ENFORCEABLE? Although bylaws are not enforceable unless filed with the LTSA, that does not mean that all filed bylaws are enforceable. The LTSA, when accepting a Form I for filing, does a technical review of the requirements for registration. The review does not consider the substantive wording of the bylaw amendments and whether they are permitted under the Strata Property Act. It is very important to a robust and resilient Strata Community that all registered bylaws are enforceable before they are filed. If amendments to the Strata Property Act make previously enforceable bylaws no longer enforceable it is important that those bylaws are repealed or amended so that they are consistent with the Strata Property Act. We have worked with several Stratas over the years where Owners have been told that the are prohibited from doing something because of the bylaws only to discover later that the Strata was wrong, and the bylaws could not lawfully prohibit an action. This inevitably creates tension and conflict between Owners. It is important for Stratas to periodically review their bylaws to ensure they are consistent with the law and with the desires of Owners. We have several articles dealing with the drafting, enforcement and interpretation of bylaws:

WHY WOULD A STRATA CREATE SECTIONS? Strata developments often include different types of Strata Lots, such as a mix of residential and commercial lots, townhouse and condominium lots, or condominium lots in separate buildings. These groups may not use the same parts of the Common Property and they might want bylaws that apply to Strata Lots in their "group" that would not apply to Strata Lots in a different "group". When specific portions of the Common Property benefit only one group of strata lots, the owners of strata lots that do not receive a benefit may not want to contribute to expenses to repair and maintain those areas. This division of expenses can be achieved, with some limitation, if the Strata creates Sections. A Section is essentially a group of Strata Lots that can be made responsible for the Common Property that only they use and that can control through bylaws the use and enjoyment of Strata Lots that are only in that group. HOW DOES A STRATA CREATE A SECTION? The Strata creates Sections through a bylaw. The bylaw must be approved at a general meeting by an overall ¾ vote from all Strata Lots and a ¾ vote of each Strata Lot that would be in a section. This can be confusing, so as an example, imagine a Strata consisting of eight strata lots that has four residential Strata Lots and four non-residential Strata Lots. The vote to create two sections would need to be passed by six of the votes cast (which is ¾ of eight votes) that needs to include three votes of residential Owners (which is a ¾ vote for the residential section) and three votes of the non-residential Owners (which is a ¾ vote for the non-residential section). If the vote was six of the votes in favour, but divided so it was all four residential votes and only two non-residential votes, the bylaw creating the sections would not be adopted. Once created, each Section must elect an executive, who exercises the powers and obligations of the section (the same as the Strata Council for the Strata). The Section can then hold meetings and vote on resolutions concerning that Section’s matters, including adopting bylaws that apply to only strata lots in that Section. Each Section must also have a budget and an Operating Fund and a Contingency Reserve Fund. We have discussed how budgets are created, and the consequences if there is a budget surplus or budget deficit in other articles . HOW DOES A STRATA CANCEL A SECTION? The Strata can cancel a Section by amending the bylaws to remove the bylaw that created the Section. That bylaw has the same requirement that it be approved both by an overall ¾ vote from all strata lots and a ¾ vote of each strata lot divided into sections. An important consideration when a Section is being cancelled is addressing any changes in responsibility for Common Property. If a Section was obligated to repair Common Property and there is work that will need to be done, that becomes an expense of the Strata that all Owners must contribute towards. This should be considered when the Owners are considering whether to cancel the Section. Related to the change in responsibility for Common Property is the cancellation of the Sections' Operating Fund and Contingency Reserve Fund. This money was collected to meet Common Expenses, and there is a question about how it should be distributed – is it returned to the Owners of the strata lots that were in the Section or is it transferred to the Strata’s Operating Fund or Contingency Reserve Fund? If the Sections had different amounts in their Contingency Reserve Funds, is there a requirement to balance the amount transferred to the Strata's Contingency Reserve Fund by imposing a Special Levy on the Owners in the Section with less money or to return money to the Owners in the Section with a greater Contingency Reserve Fund? STRATAS AND OWNERS SHOULD CONSIDER WHETHER SECTIONS ARE A VALUABLE OPTION FOR CREATING A ROBUST AND RESILIENT STRATA COMMUNITY Sections are a practical tool for managing mixed-use and other complex Stratas. They allow responsibility for repair, maintenance, and decision-making to follow actual use within the Strata. Sections allow costs to be allocated more fairly. Owners pay for the repair and maintenance of property that benefits them, rather than subsidizing parts of the development that they do not use. They also allow decisions to be made by the owners who are most affected. This can make governance more efficient and reduce conflict between different groups of owners.

WHY SHOULD YOU EXPECT A READER TO START WITH YOUR CONCLUSION? Despite the conclusion being the end of your argument, sometimes the reader starts there. This is why the conclusion must also persuade the reader that your argument is an easy read by being clear, concise, signposting a clear structure and providing relevant context using simple language. It is important to consider that a conclusion needs to be written for both a reader that knows everything about your argument and a reader that knows nothing about your argument! It cannot be ‘boring’ for the informed reader, and it cannot be too ‘confusing’ for the uninformed reader. WHAT IS A REVERSE SIGNPOST STRUCTURE FOR A CONCLUSION? The art of a conclusion is that it reminds the reader of the key points of the argument without being an extensive summary. One way to think of it as a ‘reverse signpost’ of the structure. When thought of that way it is easy to understand how it can be useful to both the informed and uninformed reader. For the informed reader it reminds them of what they read and for the uninformed reader it provides confidence that there is a clear structure if they start from the beginning. WHY DOES A CONCLUSION NEED TO STATE THE DESIRED ACTION AND WHY IT IS THE CORRECT ACTION? Suspense about your desired action is not a good technique for effective advocacy. You do not want your reader to be distracted by what you are trying to persuade them about. You want your reader to know what you want and to be engaged in whether that is a reasonable decision based on the context that you provide. The desired action does not need to be explicit in the first paragraph (it does need to be advanced very early in a written argument) but it does need to be explicit in the conclusion. This is useful to both the informed reader and the uninformed reader. However, it is important to recognize that for an uninformed reader, this may create tension if their first reaction is that desired action is unreasonable. Consequently, the desired action needs to be provided in context. Compare the following two example conclusions: For all the reasons I just explained, the Strata must raise $2,000,000 by special levy to pay for the necessary repairs to the building envelope. The building envelope is a critical component that prevents physical damage to the structure and health risks to owners. The cost of repairing the building envelope is high, but the cost of not repairing it or only doing partial repairs will be higher in the medium term. The Strata does not have adequate money in the contingency reserve fund to pay for these repairs so the only viable way to pay for these repairs is a combination of spending money from the contingency reserve fund and raising an additional $2,000,000 from owners through a special levy. The first example may be suitable for an informed reader because they understand that the desired action is derived from the information in the argument. However, for an uninformed reader it may be a shocking demand that predisposes them to refuting that conclusion. The second example is suitable for both readers. It does not repeat the details of the argument but it does provide the context. The informed reader, when they read “the building envelope is a critical component” is reminded of the argument supporting that premise and the uninformed reader recognizes that is a premise that they need to pay attention to while reading the argument. A CONCLUSION NEEDS TO BE UNDERSTANDABLE BY AN UNINFORMED READER The conclusion of a written argument is very similar in structure to the first paragraph because it might be the first paragraph that is read. The key difference between a conclusion and a first paragraph is that it needs to be composed for two distinct possible readers – one that has already been exposed to the argument and one that has not. An effective conclusion clearly states the desired action in a way that is unlikely to be considered unreasonable to a reader that is unfamiliar with the context and information of the argument.

WHAT IS AN ACKNOWLEDGEMENT OF PAYMENT? The removal of a Certificate of Lien filed by a Strata on a Strata Lot (see our related articles on the legal requirements for a Certificate of Lien and on the process for filing a Certificate of Lien for more details) is done through the filing of an Acknowledgement of Payment (Form H) with the Land Title and Survey Authority of British Columbia (LTSA). The purpose of the Form H is to certify that all amounts owing under a previously registered Certificate of Lien have been fully paid, and to authorize the release of that lien. The standard wording for the release is set out in the Form H template. The Strata Property Act requires that lien removal be done in a prescribed form and in a prescribed timeline. The LTSA provides this statutory template as Form H. WHAT INFOROMATION IS REQUIRED BEFORE FILING AN ACKNOWLEDGEMENT OF PAYMENT (FORM H)? The Strata must have the following information required to complete the Acknowledgement of Payment (Form H): The full legal description and parcel identifier (PID) of the strata lot. We have an article on how to get the legal description of a Strata Lot. The number of the registered Certificate of Lien being released. The number of the Certificate of Lien in found on the title to the Strata Lot and we have an article on how to get the title to a Strata Lot. The amount registered on the lien. Confirmation that the amount owing under the lien has been received. The form must be signed by either two council members or the authorised strata manager. The date of execution must also be stated. HOW IS AN ACKNOWLEDGEMENT OF PAYMENT (FORM H) FILED? An Acknowledgement of Payment (Form H) is filed electronically with LTSA in a way that is similar to filing a Certificate of Lien (Form G). It can either be done by uploading an EFS PDF or by doing a web filing. However, we are providing instructions for only the Web Filing option. An EFS PDF is a downloadable template provided by the LTSA and it is the older way of doing the filing. We strongly recommend that Form H's are filed using the Web Filing option. These are the steps to properly file a Acknowledgement of Payment (Form H) through the LTSA: 1. Prepare the completed Form H. You must ensure that: All mandatory fields are completed. Required signatures are included. This information must exactly match the LTSA requirements (correct PID, legal description, and lien reference). Here is what the Form H looks like: 2. Log in to your LTSA Enterprise account This is done through myLTSA and uses the Strata’s, strata manager’s or Strata Lawyer's LTSA Enterprise account. 3. Ensure the myLTSA account is funded and the user has access to Web Filing tools. 4. Choose “Web Filing”. Web Filing forms must follow the LTSA’s Web Filing Form Practice Guides for proper completion. Select Web Filing from the left‑hand menu to create a new web filing form. Start a new Form H – Acknowledgement of Payment. Enter the required data in the structured fields. Upload the completed Form H from step 1. 5. Generate the Electronic Form. 6. Apply the Juricert Digital Signature. All filings must be authenticated using a Juricert digital certificate, which is the only certificate accepted by LTSA for electronic submissions. The form must be fully signed before submission. Only approved signers with Juricert digital certificates may sign. (Using another person’s Juricert signature is prohibited under s.168.7 of the Land Title Act.) 8. Submit the Application. Once signed, submit it through LTSA’s Electronic Filing System (EFS).Upon submission: Fees are automatically processed. A CA number (pending application number) is assigned to the filing. You will receive a confirmation of submission. 9. Confirmation of Release You sill receive a confirmation of submission and once the application is examined and approved the lien will be released from the title.