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WHY IS HYPERBOLE NOT PERSUASIVE? Hyperbole is very common in informal communication: I’m so hungry I could eat a horse; This is the worst thing that has ever happened; I’m starving; I’ve told you that a thousand times…Hyperbole in this situation is a very useful way to create a mental image that is humorous, is memorable or conveys a strong emphasis. For many, the use of hyperbole in everyday life is something that is done because of habit and is not a conscious decision. However, in the context of advocacy the strengths of hyperbole can become weaknesses and make your argument less persuasive. That is because the real strength of hyperbole is in the fact that it is intentionally and overtly not true. When hyperbole is used as a statement that something is more extreme or dramatic than is reasonable but is almost believable or when a hyperbolic statement is presented in a context where it is not clear that it is intended to not be taken as true then it reflects onto the person making the statement. When attempting to persuade someone, it is important to not create a risk that they will interpret a statement as an intentional intent to mislead instead of an intentionally untrue statement made for rhetorical effect. The benefit of the use of hyperbole – creating a memorable mental image – can be achieved by using other communication techniques that do not rely on making intentionally untrue statements. HYPERBOLE CANNOT BE USED WHEN IT CAN BE MISTAKEN AS AN ATTEMPT TO MISLEAD When attempting to persuade someone, it is important to not create a risk that they will interpret a statement as an intentional intent to mislead instead of an intentionally untrue statement made for rhetorical effect.

WHAT HAPPENS IF THERE ISN'T ENOUGH MONEY IN A STRATA BUDGET? Budgeting is a key responsibility for Strata Corporations. The budget is usually approved at the Annual General Meeting and includes an estimate for both operating expenses and the contribution to the contingency reserve fund. The strata fees payable by each strata lot is calculated based on these estimates. As we described in another article, the operating budget is divided into a series of “category of expenditure”. When the amount budgeted as expenses for a particular category is less than the actual expenses there is a deficit. When there is a deficit, the Strata has four general options: Raise money by Special Levy. Borrow from the Contingency Reserve Fund. Borrow from a lender. Go 'Overbudget' if there is a retained surplus. CAN A STRATA USE A SPECIAL LEVY IF THERE IS NOT ENOUGH MONEY IN THE OPERATING BUDGET? The Strata can choose to collect funds from the owners through a special levy. This is essentially a 'bulk payment' to address the shortfall when strata fees collected are inadequate to cover the actual expenses incurred. This situation may arise if the estimated costs were too low or if an unforeseen expense occurred. Implementing a special levy requires a resolution passed by a ¾ vote at an annual or special general meeting. CAN A STRATA BORROW FROM THE CONTINGENCY RESERVE FUND TO MAKE UP FOR AN OPERATING DEFICIT? The Strata Property Regulation permits borrowing from the Contingency Reserve Fund to meet operating expenses only if two conditions are met: The expense is in the budget but fees have not been paid. The amount borrowed will be repaid in the same fiscal year. The requirement that the expense was included in the budget but that strata fees have not been collected yet means it cannot be used for unexpected expenses, or expenses that are more than expected. An example of when money could be borrowed from the Contingency Reserve Fund is when the Strata’s insurance premium is due on the first day of the fiscal year but the Strata has not collected enough strata fees to pay that large payment. In that situation, it would be possible to borrow from the Contingency Reserve Fund to pay that expense. The second requirement is that the loan must be repaid by the end of that fiscal year. This means that the Strata cannot use the Contingency Reserve Fund to subsidize or reduce the amount of money that needs to be collected by strata fees as part of the operating budget. There is often a temptation for a Strata to ‘dip into’ the Contingency Reserve Fund to meet expenses. It is important that a Strata exercise restraint and ensure that it is done only when these two conditions are met. CAN A STRATA BORROW MONEY FROM A 'BANK' WHEN IT HAS AN OPERATING DEFICIT? The borrowing of money is not uncommon when there are extraordinary expenses that do not occur annually, for example major repairs. These expenses are not part of the operating fund and our experience is that borrowing to cover operating expenses is very rare. However, although very rare, a Strata can borrow money from a lender if approved by a ¾ vote at an annual or special general meeting. It is often a requirement of these loans that the Strata must secure the repayment of the money borrowed in this way by an assignment of unpaid strata fees or money payable under a special levy. CAN A STRATA GO OVERBUDGET IF IT WAS UNDERBUDGET IN A PRIOR YEAR? Sometimes Stratas have carried forward a balance in the operating fund from prior years during which expenses were lower than anticipated. If the Strata has a carried forward surplus, it can spend that surplus. However, the Strata in the next fiscal year must budget to meet all the expenses of that year plus the amount that was spent. For example, if a Strata spends $100,000 of surplus funds from the Operating Fund in year 1, in year 2 the total contributions to the Operating Fund need to be the expenses for year 2 plus an additional $100,000. We discuss the options when a Strata has a surplus at the end of a fiscal year in this article. CAN A STRATA AMEND ITS BUDGET DURING THE YEAR? As we mentioned, when the amount budgeted as expenses for a particular category is less than the actual expenses there is a deficit. Frequently we are asked if, instead of raising money by Special Levy, a Strata can amend its budget to cover the deficit in a particular category. For example, can a Strata reduce the amount budgeted for professional services in order to have more money for exterior maintenance? Our opinion is that the budget can be amended, but it requires a resolution passed by a majority resolution at a general meeting. The reason why we believe that a resolution is required is because the Owners have approved the budget based on categories of expenditure and therefore the Council does not appear to have the lawful authority to unilaterally amend the budget. WHEN THE BUDGET IS INACCURATE, IT DOES NOT RELIEVE THE STRATA OF MEETING ITS OBLIGATIONS There is an expectation that the Strata will raise enough money by way of strata fees in a fiscal year to satisfy the expenses that the Strata will incur in that fiscal year. However, sometimes the budget is wrong and the Strata’s expenses are more than the money collected. In that circumstance, the Strata still needs to meet its obligations, and it needs to be deliberate and thoughtful about how it deals with that deficit. A benefit of having a robust and resilient Strata Community is that Owners can reasonably discuss how to deal with the consequences of an inaccurate budget.

WHAT TASKS SHOULD A COUNCIL DELEGATE? The Council is responsible for an incredible number of tasks and duties. It is reasonable (and expected) that the Council will delegate some of these tasks, either to other owners or professionals (Strata Property Managers and Lawyers are the most common). It is important for Councils to understand what tasks can be delegated, how they can be delegated and the consequences of delegation. In general a Council can delegate any task but it cannot delegate a task that the Council does not have the authority to do itself. When a Council delegates a task it remains responsible for the reasonable performance of the task and delegation is not a way to "escape responsibility". WHAT ARE THE RISKS OF A COUNCIL DELEGATING ITS AUTHORITY? A Council can choose to delegate some or all its duties and tasks. The decision to delegate is made at a Council Meeting by a resolution. It should be recorded in the minutes of that meeting. The decision of what tasks and duties can be delegated should involve a risk analysis. Tasks and duties should only be delegated when there is a person willing to be delegated those tasks that can perform those tasks. The scope of the tasks and duties that are delegated needs to be clearly communicated and, especially when the delegation involves the authority to spend Strata money or form contracts that will be binding on the Strata, considerations should be made to ensure that nothing is done that is contrary to the Strata Property Act. The “Schedule of Standard Bylaws” included with the Act are not legislation and are not binding on any Strata, however, they can be used as a model of a generic risk analysis involving delegation. Bylaw 20 does permit that the council may delegate some or all its powers to people who are not members of the council. Bylaw 20 (which can be changed, repealed or replaced by a strata corporation) includes some risk management considerations does impose restrictions on the following: The delegation of spending powers. The determination whether a person has contravened a bylaw or rule. The decision whether to impose a fine and the amount of a fine. Whether a person should be denied access to a recreational facility. Another example of a risk analysis regarding what duties it may not be appropriate to delegate is section 27 of the Strata Property Act. This section deals with the power of owners to direct the strata council with a resolution passed by a majority vote. The section prevents owners for directing Council’s discretion to determine: Whether a person has contravened a bylaw or rule. Whether a person should be fined, and the amount of the fine. Whether a person should be denied access to a recreational facility. Whether a person should be required to pay the reasonable costs of remedying a contravention of a bylaw or rule. When a Council is deciding what tasks should be delegated, it is important for them to make that decision thoughtfully and in consideration of the fact that the Council remains responsible for strata management. When a Council has delegated responsibilities for strata management, it is important that everyone thoroughly understands the extent of that delegation. WHAT LIMITS ARE THERE ON THE POWER OF A COUNCIL TO DELEGATE IT AUTHORITY? While a Council can delegate some or all its strata management responsibilities it cannot delegate responsibilities that it does not have, and it cannot delegate to a person who is lawfully prevented from performing those responsibilities. This is because of the legal maxim that “when something is prohibited directly, it is also prohibited indirectly.” An example would be making a significant change to the appearance of common property. A Strata is prohibited from making a significant change in the appearance of common property unless that change is approved by a resolution passed by a ¾ vote at a general meeting. This means that the Council cannot delegate to a landscaping company the authority to maintain the landscaping and then have that company decide that trees needed to be removed as part of their delegated authority. The Council cannot delegate to a person a task that they are lawfully prevented from performing. The most common examples are provision of strata management responsibilities or providing legal services. When the strata council is delegating the performance of strata management services (as defined in Real Estate Services Act) to a person in exchange for payment it is likely that the person must be licensed by the BC Financial Services Authority and when council is delegating to someone the authority to provide what is defined as the “practice of law” in the Legal Profession Act that person must be permitted to engage in the practice of law. HOW DOES A COUNCIL DELEGATE TASKS AND AUTHORITY? Under s. 2(2) of the Strata Property Act, a Strata has the power and capacity of a natural person of full capacity including the power to form contracts. Section 38 of the Strata Property Act explicitly provides that a Strata has the capacity to enter into contracts in respect of its powers and duties under the Strata Property Act, the regulations, and the bylaws. The Strata is therefore permitted to form contracts for the provision of strata management services. When delegating tasks, it should always be done by a written contract. That written contract should directly state at least the following: Who the tasks are being delegated to. What specific tasks are being delegated. How the person delegated tasks can ask questions and report on progress. The dates during which the delegation is valid. How much the person being delegated the tasks will be paid for the tasks. The two most common forms of these written contracts are contracts for the provision of strata management services from a property manager or property management company and the provision of legal services from a law firm. It is important to remember that any delegation of tasks in exchange for a fee necessitates the expenditure of funds from the operating fund. This expenditure must be authorized in the strata corporation’s budget, or by a resolution passed by a ¾ vote at a general meeting (s. 97 of the Strata Property Act). The budget should include a "category of expenditure" for legal services for the payment of these fees. In this way, the decision whether to form a contract for the provision of strata management services is a decision made by the Owners. WHAT IS THE RELATIONSHIP BETWEEN THE COUNCIL AND THE PERSON DELEGATED A TASK OR AUTHORITY? Unless a different relationship is specifically created, the delegation of strata management responsibilities results in a principal/agent relationship in which the Strata is the principal and the person delegated authority to perform the strata management responsibilities is the agent. As an agent of the Strata the person receiving the delegated authority is only permitted to act on behalf of the Strata regarding the specifically delegated authority. The common law has developed specific duties that an agent owes to its principal. The duties are referred to as fiduciary duties and include the duties of absolute loyalty, confidentiality, and full disclosure. An important consideration for Councils is describing the extent of a delegated authority when it presents an agent to a third party. As an example, if a strata council holds out an individual as the “Strata Manager” but does not explain the scope of the delegated authority, it is likely that a third party could rely on the assumption that person was delegated the authorities included in the description of strata management services in Real Estate Services Act (for more details of strata management services see our other article). As an example, if someone is delegated the authority to interview potential service providers and then present quotes and a recommendation to the Council for a decision, it is important that the Strata does not state or imply that they are authorized to ‘hire’ a service provider. In the legal context, it is important that the Council identify who can give instructions and receive legal advice from a lawyer. If someone is delegated the authority to get a legal opinion on a specific issue, it is important that the lawyer understands that person does not have authority to receive information about other issues or to request that the lawyer provide additional legal services. The ability of a third party to expect that a delegation is general in nature, unless limits are specifically identified, is consistent with the common law and section 30 of the Strata Property Act. Section 30 of the Strata Property Act states that the validity of a contract made by a Strata is not affected by a limitation on the authority of the council member to act on behalf of the Strata unless the other party to the contract knew or ought to have reasonably known of the limitation. So, if someone signs a contract or requests services without the authority to do that, the Strata cannot benefit from that contract but refuse to pay on the basis that they did not delegate to that person the ability to request those services unless the person providing services knew of the limitation of the delegated authority. The Council is also responsible to ensure that it delegates authority only to a person that can lawfully exercise that authority. There are two common situations where this must be considered – when the strata council is delegating the performance of strata management services (as defined in the Real Estate Services Act) to a person in exchange for payment (because it requires the person to be licensed) and when council is delegating to someone the authority to provide what is defined as the “practice of law” in the Legal Profession Act (because that person must be permitted to engage in the practice of law pursuant to the Legal Professional Act). DOES THE DELEGATION OF A TASK OR AUTHORITY CREATE STRAT RECORDS? The Strata Property Act states that all correspondence sent or received by the Strata or the Council are records of the strata corporation (section 35(2)(k) of the Act) and therefore Owners have a right to inspect those records. Communications between strata council members are not “records” for the purposes of s. 35(2) (k) and therefore members of Council can communicate relatively ‘freely’ with each other secure in the knowledge that those communications do not need to be shared with other owners. However, this protection does not apply when a Council delegates a duty or tasks to a third party. In that situation, all communications to that person (for example, emails) become a record of the Strata and therefore must be made available for inspection in accordance with section 36 of the Strata Property Act. This does not apply to communication with legal counsel (except in limited circumstances). COUNCILS SHOULD DELEGATE TASKS AND AUTHORITY BUT NEED TO DO IT BASED ON A RISK ASSESSMENT It is reasonable (and expected) that the Council will delegate some of its tasks, either to other Owners or professionals (Strata Property Managers and Lawyers are the most common). When deciding whether to delegate a duty or task the Council should carefully consider the risks. There should be a written statement regarding the extent of the delegated authority and all communications with the person that is delegated authority must be retained as a record of the Strata.

CAN A STRATA COMMUNICATE OFFICIALLY BY A BULLETIN OR NOTICE BOARD? It is important that the Strata properly communicates with an Owner. The Strata Property Act has very specific requirements for how notices, records and documents are provided to Owners. However, our experience is that it is very common for Stratas to maintain a notice board (for example in a common room or elevator), a website or provide an online portal (through a property management company or an internet service). The Strata Property Act does permit the Strata to “inform Owners of certain matters” by, instead of giving individual notice, by posting them in a “part of the common property designated…for the posting of such information.” The matters that can be posted are: Informing Owners about money spent on an emergency basis to ensure safety or prevent significant loss or damage. Changes to Strata Fees because of a new budget. Informing Owners about the spending of money collected under a Special Levy. New Rules approved by the Strata Council. Amendments to bylaws after approved at a general meeting. Informing Owners if the Strata is being sued. The Strata Property Act does not specify how the common property is to be designated for the posting of information. Our recommendation is that the designation be done by a resolution of the Council and that minutes of the meeting approving the resolution be sent to Owners prior to the Strata relying on giving notice by posting information. A consideration for a Strata when it decides to use a bulletin or notice board is whether this information needs to be provided in another fashion to Owners that do not reside in the Strata. CAN A STRATA USE AN ELECTRONIC NOTICE BOARD TO COMMUNICATE OFFICIALLY? Our experience is that the vast majority of Stratas and Owners want to be able to use electronic “Notice Boards”. This provides easy access from any electronic device, the ability to copy and share the notices and the ability to make electronic notes on the document that can be shared with others. Many people would not even think to check if the Strata Property Act permitted a document to be posted in an elevator but not electronically because that likely would be considered a meaningless restriction. However, as we have discussed in other articles, there are a lot of drafting deficiencies in the Strata Property Act, and this is another example of how the Act was not forward looking when it was drafted and how the government has not made an effort to have it reflect how Owners actually interact with a Strata. We remain optimistic that at some point the government will look at doing a revision and update in consultation with practitioners, Owners and professional service providers. Our advice is that the Strata designate some part of the common property for the posting of information so that it complies with the requirements of the Strata Property Act. However, there is no prohibition on posting that information both on the common property and electronically and we recommend that a Strata use both systems. This has the additional advantage of providing likely communication to Owners that do not reside in the Strata. Effective communication between the Strata and Owners is too important to create meaningless impediments simply because of deficiencies in the Strata Property Act.

DOES THE COUNCIL CHOOSE WHAT STRATA MANAGEMENT SERVICES TO CONTRACT FOR? The property management industry is very robust in British Columbia. In general, Stratas can choose the level of service that they require. The decision of what services and what company to contract with is generally a decision that is made by the Council with a majority resolution. However, Owners do have the ability to direct the Council to contract with a specific property management company (see our article on Responsibility for Strata Management Services for more information). Similarly, the decision to cancel that contract in accordance with its terms or to not renew a strata management services contract when it expires can be done without requiring a resolution from the owners (s.39(2) of the Act). WHAT SCOPE OF STRATA MANAGEMENT SERVICES ARE AVAILABLE? There is no mandated form of “strata management services” and the services offered by property management companies and the fees for those services are determined by market forces. In general, the services offered come in three different categories: Full Service, which often includes: Financial services (as described below, and including receiving strata fees and paying invoices). Attending meetings and creating minutes. Recommending and supervising contractors. Keeping the records of the Strata. Financial-Only, which often includes: Receiving and recording strata fee payments. Report on strata fee arrears. Preparing monthly accounting statements. Maintaining bank accounts for the Strata. Paying invoices on behalf of the Strata. Assisting with the preparation of annual budgets. Flex-Plans, which often provide some base level of support, plus the ability of the Strata to add additional services as required. For example, a Strata primarily require financial support but want the property management firm to attend and take minutes at a general meeting or to instruct legal counsel regarding the collection of a debt. HOW DOES THE STRATA BUDGET AFFECT STRATA MANAGEMENT SERVICES? The Council should carefully consider the scope of services that will benefit the Strata and identify the likely cost. This expected expense is then included in the budget that is presented to the owners. The approval of the budget requires a majority vote at a general meeting. This is the primary method for owners to have input into the scope of services that a property management company will provide. WHEN SHOULD OWNERS CONSIDERING DIRECTING THE COUNCL REGARDING CONTRACTING FOR STRATA MANAGEMENT SERVICES? There are situations where, in addition to approving the expected expense for property management services, Owners want more authority regarding which property management company will be hired. Our experience is that this is usually for one of two reasons: the Owners were not happy with the service provided by the current property management company or the Owners are very interested in a property management company that either is offering a new service or that is recommended. It is important to recognize that property management companies are free to market and advertise their business offerings to Owners. There is no reason why a property management company would not provide a quote or description of what it provides to Owners that are not on Council. The Strata Property Act, section 27, permits the Owners by a resolution passed by a majority vote at a general meeting to direct the Council in its exercise of powers. It is valid for the owners to direct the Council to sign a contract with a particular property management company. Although not necessary, a best practice for a Strata when distributing the notice for a general meeting involving the approval of the budget is to make available a copy of the contract with a proposed property management company. HOW DOES A STRATA CHOOSE A STRATA MANAGEMENT COMPANY? If there is no direction to Council regarding a specific property management company, the Council decides who will provide strata management services. There is no requirement for the Council to ‘tender’ this contract or to source multiple quotes. If there are multiple quotes received from different property management companies, there is no requirement for the Council to choose the least expensive option. It is important to recognize that often a key aspect determining which property management company to hire is the actual person that will be acting as a property manager. It is important that the Council can assess whether there is a good personality fit with the property manager and can decide if the property manager has sufficient experience with the services the Strata requires. Although the contract is with a property management company, it is possible that a term of that contract involves either an identification of the property manager or the right of the Council to select the property manager. HOW DOES A STRATA END A STRATA MANAGEMENT SERVICES CONTRACT? The contract with the property management company is a contract and, like all contracts, can include a term regarding the process for ending the contract. Property management contracts are often several years in length and that means that the Council that forms the contract might not be the Council throughout the duration of the contract. When a property management contract includes a term regarding the process for ending the contract, there is no requirement for a resolution from the owners for the Council to use that term to end the contract (Strata Property Act, section 39(2)). In addition to any terms regarding ending the contract, the Strata Property Act provides a specific power for the Strata to end the contract. This is because a property management contract often is for several years and the decision which company to hire made by one Council should not bind a future Council, particularly if there are personality conflicts with members of the Council and the property manager. The decision to end a property management contract in a way different from a term in the contract cannot be made by the Council, it must be made by the Owners at a general meeting. This is likely to prevent it being abused by a Council. Section 39(1) of the Strata Property Act permits a strata management contract to be terminated by a Strata on two months’ notice if the cancellation is approved by a resolution passed by a 3/4 vote at an annual or special general meeting, despite any provision in the contract to the contrary. In other words, regardless of the termination provisions in the contract, a Strata can always terminate a strata management contract on two months’ notice once a 3/4 vote of the owners has been obtained. If the contract is ended this way, the Strata does not need to pay any penalty to the property management company and they are not liable for any claim for compensation for breach of the contract. There is a similar power for the property management company. If the property management company wants to end the contract it needs to provide the Strata with two (2) months’ notice. If this notice is provided, the property management company can end the contract without having to pay any penalty or be liable to the Strata for any expenses the Strata incurs because of the end of the contract. It is important for Council and owners to be aware of this power from the Strata Property Act. We have been involved in an uncounted number of situations where the relationship between a property management company and a Strata has been severely damaged by the involvement of Owners that are not members of Council in directly contacting the property management company or property manager. It is important to consider what responsibilities are delegated to the property manager to ensure that owners cannot negatively impact the relationship between the Strata and the property manager. HIRING A STRATA MANAGEMENT COMPANY IS VERY COMMON AND THE STRATA PROPERTY ACT INCLUDES MANDATORY TERMS IN THAT CONTRACT It is very common for Stratas to hire a property management company to provide strata management services. It is important that those services are properly funded through the budget and that there is a thorough and thoughtful process to select the property management company. If there is a breakdown in the relationship between the Strata and the property management company, either one has the legal power under the Strata Property Act to end the contract without having to pay any penalty or be liable for any costs that the other party incurs.

WHAT IS A CERTIFICATE OF LIEN? In general, a Strata can file a Certificate of Lien on the title to a Strata Lot when the Strata believes that the Owner owes a debt to the Strata from unpaid strata fees, special levy amounts, the strata lot’s share of a judgment against a strata corporation, or the costs of the work done by the Strata to a strata lot because of an order of a public or local authority. There are several procedural steps that must be followed, and the Certificate of Lien must be filed with the Land Title and Survey Authority of British Columbia (LTSA) using Strata Property Regulation Form G. This article addresses how to file the Form G. It is important to know that simply filing a Certificate of Lien on the title to a strata lot does not make it valid. WHAT IS THE FORM G? The Strata Property Regulation Form G (Certificate of Lien), is a prescribed statutory form provided by the LTSA. It is available online. WHAT INFORMATION IS REQUIRED BEFORE FILING A CERTIFICATE OF LIEN (FORM G)? The Strata must have the following information to complete the form: 1. The legal description and Parcel Identifier (PID) of the Strata Lot. We have a separate article explaining how to find the legal description and PID for a Strata lot. 2. The amount owing at a specific date (the “debt date”). The Form G 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 A CERTIFICATE OF LIEN (FORM G) FILED? A Certificate of Lien (Form G) 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 G. You must ensure that: All mandatory fields are completed. Required signatures are included. The information must exactly match LTSA requirements (correct PID, legal description, and lien reference). 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 Strata Property Regulation Form G (Certificate of Lien). The system will open guided entry fields for you to complete. 5. Complete the Web Filing Fields. Start a new Form G – Certificate of Lien. Enter the required information in the structured fields. Upload supporting documents if required. The Web Filing form will validate mandatory fields before allowing signature. 6. Generate and Review the Execution Copy. Click “Generate Execution Copy.” Review the PDF carefully to ensure spelling, numerical amounts, and property identifiers are accurate. LTSA requires the timestamp on the execution copy to match exactly with the electronic form timestamp when submitted. 7. 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. Attach Any Supporting Documents (If Required) The Form G usually requires no additional supporting documents, but if the strata has legal documentation confirming debt amounts, these may be attached as optional supporting evidence. 9. 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. WHAT HAPPENS WHEN THE OWNER PAYS THE DEBT? The purpose of the Certificate of Lien (Form G) is to register on the Strata Lot title that the Strata is claiming that the Owner owes a debt. If that debt is paid, the Certificate of Lien must be removed. The removal of a Certificate of Lien is done by the filing of an Acknowledgement of Payment (Form H) with the LTSA. We have another article describing how to file an Acknowledgement of Payment.

DOES MY STRATA HAVE AN OFFICIAL MAILING ADDRESS? A Strata corporation must maintain an up‑to‑date official mailing address on file with the Land Title Survey Authority of British Columbia (LTSA) Office. This address is used for receiving all official notices, including those from government authorities, regulatory bodies, and owners. The correct method for updating this address is through Strata Property Regulation Form D (Strata Corporation Change of Mailing Address). The prescribed form is available in the LTSA Land Title Practice Manual. A Strata, if unsure about its official mailing address, should request a copy of the Strata's general index from the LTSA. Every Strata, regardless of size, is required to keep a current mailing address on the Land Title Register. HOW DOES A STRATA COMPLETE THE FORM D? A Strata completes the Form D by providing the information required by the LTSA. There is no requirement to include any proof beyond the Form D. To complete Form D, the Strata must have: The Strata Plan Number. The new official mailing address for the strata corporation. The Form D must be signed by a strata council member or an authorized strata manager acting under delegated authority. The date of execution must also be included. HOW DOES A STRATA FILE THE FORM D? The Form D must be filed with the Land Title and Survey Authority of BC (LTSA), and filing is done electronically through LTSA's systems. Strata Corporations with more than seven (7) strata lots must file electronically. Stratas with fewer than seven (7) strata lots may file using paper, but electronic filing is the modern standard. WHAT FORMATS DOES THE LTSA ACCEPT FOR FILING A FORM D? LTSA supports two electronic formats, Web Filing and EFS PDS. This is the key differences between web filing and submitting a EFS PDS file. Web Filing (Preferred Method) Created and filed directly in the LTSA Enterprise system as a Web Filing form. Electronically signed with a Juricert digital certificate. Web Filing forms follow LTSA’s Web Filing Practice Guides. EFS PDF Form (If applicable) Only select PDF forms remain available; Web Filing is standard. Must be completed in Adobe Acrobat Standard/Professional and signed with a Juricert certificate before uploading. WHAT ARE THE STEPS FOR ELECTRONICALY FILING A FORM D? There are eight (8) steps for filing a Form D with LTSA: Preparing the Form D. Logging into an LTSA Enterprise Account. Completing the PDF or Web Filing Fields. Reviewing the Execution Copy. Signing the Execution Copy by applying a Juricert. Attaching supporting documents (optional). Submitting the application. Retrieving the application. Step 1: Preparing the Form D Here is what the Form D looks like: Ensure: The strata plan number is correct. The new mailing address is complete and correctly formatted. The form contains the required signature and execution date. All mandatory LTSA required fields are complete. Step 2: Logging into an LTSA Enterprise Account Sign in to myLTSA using the Strata’s or the strata manager’s Enterprise account. Ensure the account is funded and has Web Filing access. Select Web Filing and choose Strata Property Regulation Form D (Change of Mailing Address). Step 3: Completing the PDF or Web Filing Fields If filing by PDF (only when applicable): Download the Form D. Complete it using Adobe Acrobat Standard/Professional. Apply a digital signature issued by Juricert. Upload the signed form through the Enterprise portal. If filing by Web Filing (recommended): Enter the strata corporation information (strata plan number and corporate name). Enter the new mailing address exactly as it should appear in Land Title records. Attach supporting documents if required (generally not needed). It is important to note that the Web Filing system will validate mandatory fields before allowing signature. Step 4. Reviewing the Execution Copy Select “Generate Execution Copy”. Review the form carefully for accuracy. Ensure the timestamp on the execution copy matches the Web Filing timestamp. Step 5. Signing the Execution Copy and Applying a Juricert Digital Signature Apply a Juricert electronic signature to authenticate the filing. Please note: Only individuals authorized by Juricert may sign. Using another person’s Juricert credential is prohibited under s.168.7 of the Land Title Act. Step 6. Attach Any Supporting Documents (if desired) The Form D usually requires no additional supporting documents, but if the Strata has legal documentation confirming the address change, these may be attached as optional supporting evidence. Step 7. 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. Step 8. Monitor Application Status Track the application under “View Pending Applications” in your LTSA Account. If accepted, the new mailing address becomes the official address of record. If rejected, LTSA will issue a defect notice indicating what must be corrected. Once registered the Form D is noted on the General Index for the Strata Corporation and is available to the public. WHY AN ACCURATE MAILINGS ADDRESS IS IMPORTANT TO A STRATA We have worked with several Stratas where the mailing address was either the law firm that represented the Developer, a prior member of Council, or a prior property management company. This creates a risk that official correspondence is not properly received by the Strata. A healthy Strata community has effective and transparent communication and it is important that a Strata keeps this information updated.

WHO CAN ATTEND A GENERAL MEETING? While Owners are typically the primary participants in general meetings, tenants and occupants often want to attend and understand the decisions being made. The Strata’s bylaws state who has authority to attend and participate in a general meeting. In particular, the annual general meeting (AGM) is one of the most important events for a Strata. It provides Owners with an opportunity to elect council members, vote on important matters, review the affairs of the Strata, and participate in discussions that affect their community. WHERE IS IT STATED WHO CAN ATTEND A GENERAL MEETING? The Strata Property Act does not specifically identify who may attend the annual general meeting. Instead, this is determined by the bylaws adopted by the Strata. Under the Standard Bylaws, tenants and occupants may attend annual and special general meetings whether or not they are eligible to vote. The Morley Hanson Model Bylaws take a slightly different approach. They specifically provide that Owners may attend annual and special general meetings regardless of whether they are eligible to vote. The bylaws also address the participation of individuals who are not eligible to vote, including tenants and occupants. This flexibility allows Stratas to establish meeting procedures that reflect the needs and expectations of their particular community. CAN EVERYONE WHO ATTENDS A GENERAL MEETING PARTICIPATE IN THE DISCUSSION? Attending a meeting and participating in the discussion are not necessarily the same thing. Under the Morley Hanson Model Bylaws, individuals who are not eligible to vote, including tenants and occupants, may participate in the discussion only if permitted by the chair of the meeting. This approach allows the chair to encourage constructive input while maintaining orderly and efficient meetings. In some situations, tenants or occupants may have valuable information about an issue being discussed, while in others, limiting participation may help the meeting remain focused on the business at hand. WHY IS IT IMPORTANT TO UNDERSTAND WHO CAN ATTEND A GENERAL MEETING? General meetings are intended to balance owner participation with effective governance. Allowing attendance promotes transparency and helps residents understand how their community operates. At the same time, establishing reasonable rules for participation helps ensure that meetings remain productive and that the business of the strata corporation can be conducted efficiently. Different strata corporations may choose different approaches through their bylaws, and owners should familiarize themselves with the rules that apply to their community. UNDERSTANDING GENERAL MEETINGS HELPS BUILD RESILIENT AND ROBUST STRATA COMMUNITIES Understanding who may attend and participate in an annual general meeting helps set appropriate expectations for owners, tenants, and occupants. By establishing clear rules through their bylaws, Stratas build robust and resilient Strata Communities by promoting transparency, encouraging community engagement, and supporting the orderly conduct of general meetings.

HOW CAN OWNERS DESIGNATE COMMON PROPERTY AS LIMITED COMMON PROPERTY? The Strata Property Act permits Owners to designate common property as limited common property by a resolution passed by a 3/4 vote at an general meeting. There are several important considerations when Owners are considering designating limited common property. However, that is not the focus of this article: this article is focused on how to file the resolution with the LTSA using the Certificate of Strata Corporation (Form E). Stratas can also designate Common Property as Limited Common Property through an amendment of the Strata Plan. That is a completely separate process and is described in this article. WHAT IS REQUIRED TO FILE A LIMITED COMMON PROPERTY DESIGNATION WITH THE LTSA USING FORM E? There are five things that a Strata must do to file a Limited Common Property Designation with the LTSA: The Strata must prepare a sketch plan clearly identifying the property to be designated as Limited Common Property and distribute it to Owners along with a notice for a general meeting. The Strata must approve a resolution at a general meeting designating the common property as Limited Common Property. The Strata must prepare and sign the LTSA Form E Certificate of Strata Corporation. The Strata must file the Form E using an LTSA Enterprise account. The Strata must pay the applicable LTSA filing fees. This is a detailed process and frequently benefits from the involvement of experienced lawyers. The filing of the Form E does not amend the strata plan. It records the LCP designation in the Strata Plan General Index at the Land Title Office and permits people to retrieve a copy of the resolution and the sketch plan. WHAT IS THE PROCESS TO FILE THE FORM E? Part 1: Preparation (Before Filing) Confirm Eligibility for LCP Designation. Ensure the area being designated is currently common property. Confirm the designation complies with the Strata Property Act and bylaws. Prepare a sketch plan that clearly identifies the property to be designated as Limited Common Property. Prepare the Sketch Plan Create a clear sketch plan showing: The location and boundaries of the proposed LCP Reference to the strata plan Identification of the benefiting strata lot(s) The sketch plan does not need to be prepared by a land surveyor but must be legible and precise. Obtain Owner Approval. A resolution must be passed at an Annual or Special General Meeting. The resolution must: Clearly describe the area being designated as LCP. Identify the benefiting strata lot(s). Be approved by the required vote under the Strata Property Act. Retain a signed copy of the resolution for filing. Part 2: LTSA Electronic Filing Process Log in to myLTSA using an LTSA Enterprise account. Create a New Filing Package, and under the "Web Filing" tab select "Create Web Filing Package" from thedrop down menu. Enter your internal file number in the "File Reference" field if that would be useful. Insert the name of the document/Application to be submitted in the "Package Description" field. Click on the "Create Package" tab to go to the next screen. Click on the "Start an Application" button to add the Form. Select “Strata Property Act Filing” from the list displayed. Select the Application Type. In the Strata Property Act Filing Form section: Select “Designate Limited Common Property” from the list displayed. Complete Applicant and Property Details. Enter applicant contact information. Enter the strata plan number. In the legal description field, use: “The Common Property, Strata Plan [Plan Number]”. Part 3: Supporting Documentation Attach Supporting Documents by uploading the following documents to the filing package: Sketch Plan showing the LCP designation. Image or PDF of the signed resolution passed at the AGM or SGM. Complete and Attach Form E. Complete Form E – Certificate of Strata Corporation. Ensure the certificate: Is properly completed. Is signed by an authorized signatory. Part 4: Review and Submission Review the Filing Package. Confirm: Correct application type selected. All documents attached. Resolution and sketch plan match the description of LCP. Electronically sign all required forms and submit the filing package to LTSA. This requires a Juricert and the payment of filing fees. LTSA Review and Registration. LTSA reviews the submission for completeness and compliance If accepted: The LCP designation is registered. The resolution and sketch plan appear in the Strata Plan General Index. If deficiencies exist: LTSA will issue a defect notice requiring correction. Result of Registration Once registered: The designated area becomes Limited Common Property. Use of the area is restricted to the strata lot(s) named in the resolution. The designation is legally enforceable and visible in LTSA records.

IS RESTRICTING ACCESS TO COMMON PROPERTY A SIGNIFICANT CHANGE IN ITS USE? In 2025, the BC Supreme Court confirmed that removing access to a common property utility room from all owners is a significant change in the use of common property requiring a resolution passed by a vote in favour by ¾ of the votes cast. This is an important clarification because Strata’s often have a genuine reason to restrict access to common property utility rooms. IS THERE A PRESUMPTION THAT ALL OWNERS CAN ACCESS ALL COMMON PROPERTY? Common property is owned by all Owners as tenants in common. That means unless the Common Property is designated as Limited Common Property for a specific user or users or is subject to a short term exclusive use agreement that every Owner has a right to access and use that property. This makes sense for most of the Common Property, such as: Outdoor areas. Parking areas. Hallways. Elevators and Stairwells. Lobbies. However, it does not make sense for other areas of Common Property, such as: Utility areas. Maintenance areas. Storage areas used for common assets (such as cleaning supplies or maintenance tools). Roof areas. The reality is that for most Stratas, there has never been a resolution prohibiting Owners from accessing the areas that it makes no sense for Owners to access. HOW CAN A STRATA PREVENT ACCESS TO AREAS OF THE COMMON PROPERTY? The Strata Property Act permits the Owners, at a general meeting, through a resolution passed by a vote in favour by ¾ vote to change access to common property. This is a relatively simple resolution and assuming the restrictions are reasonable it should be supported by the Strata Community. We want to highlight that it is recommended to follow the correct process to not create any potential conflict within the Strata Community. We have been asked by Stratas whether they can adopt a bylaw prohibiting access and our response is that it is acceptable to adopt a bylaw in addition to a resolution but that a bylaw amendment should not be seen as a substitute for the clear language in the Strata Property Act requiring that “the change is approved by a resolution passed at an annual or special general meeting.” Adopting or amending a bylaw and passing a resolution have the same requirement for a resolution passed by a ¾ vote so there does not appear to be any practical benefit of adopting a bylaw instead of approving a resolution and there does not appear to be any reason why the Owners would not approve of both the resolution and the bylaw amendment at the same general meeting. We have also been asked whether access can be restricted by a Rule. The advantage of a Rule is that it can be implemented by the Council without the requirement for a resolution to be passed by the Owners at a general meeting. It is specifically because a Rule appears to be a way to avoid the requirements of the Act that we do not recommend this option. A Council that may appear to be attempting to avoid approval of the Owners in favour of acting unilaterally are not supporting the Strata Community and are only providing an opportunity for confusion and conflict. IS IT ASSUMED THAT RESTRICTING ACCESS TO PORTIONS OF THE COMMON PROPERTY IS NECESSARY TO ENSURE SAFETY? We have been asked if it is appropriate to prevent access to utility rooms as an emergency. This was considered by the court in 2025, and it was clear there was no presumption of an emergency. The court stated that the party that wanted to prevent general access “adduced no evidence in support” of it being an emergency. This is a clear indication that if the Council believed that access must be prevented, it needs to be able to explain in a manner supported by facts, that it is an emergency. It is not enough to say that it is a preference, common sense or that there is the potential for mischief if there is no reason to expect mischief. IF NO ONE HAS BEEN ACCESSING PORTIONS OF THE COMMON PROPERTY IS IT A CHANGE TO MAKE THIS A FORMAL RESTRICTION? We are often asked if it is a change in use if there has not been general access previously. Our position on this is that a Strata cannot avoid compliance with the requirements of the Strata Property Act based on a history of non-compliance. We have written about the requirement for all Stratas to comply with the Strata Property Act in another article. Our advice is that it is not legally valid to argue that to change a non-lawful use of common property (preventing access without a resolution) to a lawful use of common property (permitting access) is a significant change requiring a resolution. Otherwise, that argument would support that Owners can decide between themselves to not comply with the Strata Property Act and the BC Supreme Court has clearly rejected that argument. RESTRICTING ACCESS TO PORTIONS OF THE COMMON PROPERTY CAN HELP DEVELOP A ROBUST AND RESILIENT STRATA COMMUNITY It may be counter intuitive but taking actions like officially proposing and passing resolutions to maintain the status quo is a great opportunity for community building. It demonstrates an adherence to the requirements of the Strata Property Act for the easy things which causes Owners to be more confident that there will be adherence when things are more contentious and this helps reinforce that the Strata Community want to be robust and resilient.