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HOW CAN AN OWNER VOTE IF THEY CANNOT ATTEND A MEETING? Owners, and sometimes tenants or mortgagees, have the right to vote on resolutions brought forward at general meetings. The right to vote does not create an obligation to attend a general meeting in person. There are many reasons a person entitled to cast a vote may not be able to attend, including scheduling conflicts, vacations, health concerns, lack of interest in the majority of issues on the agenda. This does not deny the right to cast a vote on behalf of the strata lot – they can appoint a proxy. WHO CAN BE A PROXY? An eligible voter may appoint almost any person to act as their proxy. The only limitations are that the proxy holder cannot be: An employee of the Strata. Someone who provides management services for the Strata. Beyond that, the choice of proxy lies with the voter. CAN ONE PERSON BE A PROXY FOR MANY VOTERS? We occasionally get questions about whether a single person can be the proxy for several voters and the answer is that a person can be the proxy for an unlimited number of voters. This cannot be limited by bylaw or procedural rule. The reason for this is that a proxy is given discretion to decide how to vote. It would be unfair to voter to deny them the right to appoint the person they trust to properly exercise discretion as their proxy simply because another voter asked that person first. HOW CAN I PROVE SOMEONE IS APPOINTED AS MY PROXY? An owner may appoint a proxy for any reason. The Strata must remain disinterested and not attempt to influence who is appointed or how the proxy is instructed. The Strata’s role is limited to confirming whether the proxy is valid. A proxy appointment must be: In writing. Signed by the person appointing the proxy. Either a physical or electronic copy of the appointment must be provided to the Strata. When an electronic copy is provided, the requirement for a signature still applies. A typed name or cursive font is not sufficient: the appointment must be digitally or hand-signed. A simple text message is also insufficient. The safest practice is to use a signed proxy form that the Strata is familiar with, whether physically or electronically signed. It is common for the Strata, with the notice of a general meeting, to provide a proxy form. It is important to note that using the provided form is not mandatory and a Strata cannot refuse to recognize a proxy only because a different form of appointment was used if that form is in writing and signed by the voter. It is important to note that a proxy can only be appointed for a strata lot that is entitled to vote. If a strata lot is not entitled to vote, for example because it has a lien filed on the title and the bylaws prohibit it from voting, the appointment of a proxy cannot circumvent that restriction. WHAT CAN A PROXY DO AT A MEETING? It is important to remember that a proxy is not a ballot. A proxy is the delegation of authority from the voter to another person to cast a vote, as if that person was the voter. The proxy holder acts in place of the voter and has the same procedural rights at the meeting. This includes the ability to: Vote. Participate in the meeting process. Speak during discussion. A proxy holder should not simply be told how to vote by the voter. There should be a substantive decision about the factors that are important to the voter so that the proxy can cast an informed vote. This is important because new information is often provided at a meeitng while a resolution is being discussed and debated. As that new information is presented, the proxy may be decide that if the voter had that information, they would have voted differently than initially assumed. For example, consider a situation where the voter told their proxy that they were concerned that the budget did not make sufficient contributions to the contingency reserve fund and therefore did not support it as presented. During the discussion of the budget, this point could be raised and the amount of the contribution to the contingency reserve fund could be increased. With this amendment to the budget, the proxy may vote in favour of the budget as amended. A proxy has the authority and flexibility to adapt to what occurs at the meeting, rather than their discretion being fixed. CAN THERE BE LIMITATIONS ON THE AUTHORITY OF THE PROXY? The voter can include in the appointment instructions that guide or limit how the proxy holder is to vote. For example, a proxy may: Be limited to a specific meeting. Be limited to a specific resolution. Include instructions on how to vote on certain matters. Although the appointment may include detailed instructions, the Strata is not required to record or enforce those instructions. Any potential dispute between the voteR and the proxy is a personal dispute between those people and does not involve the Strata. A VOTER'S RIGHT TO APPOINT A PROXY IS ESSENTIAL TO DEMOCRATIC GOVERNMENT OF A STRATA A proxy does not create a new right to vote. It is simply a practical tool to allow an eligible voter to participate in general meetings without being present. If the proxy is property appointed in writing with an accompanying signature, the proxy holder may act in place of the voter. The Strata’s role is limited to determining whether the proxy is valid, not supervising how it is used.

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

“I can tell you all I know, the where to go, the what to do – You can try to run but you cannot hide from what is inside of you” Any Major Dude Will Tell You by Steely Dan WHY CAN A STRATA DO THINGS A BUSINESS OR A PERSON CANNOT DO? A Strata has powers that businesses and people do not - for example the power to adopt bylaws and impose fines and the power to restrict how property that it does not own is used. These powers come from the Strata Property Act. A Strata is often referred to as a creature of statute. As a creature of statute, the Strata Property Act is the source of the Strata’s powers and abilities. A Strata cannot do something that a person could not do, unless it is permitted by the Strata Property Act. If a Strata does something, that a person could not do and that is not authorized in the Strata Property Act, that action is not lawful and is said to be ultra vires, meaning it is outside of the Strata’s powers and legally unenforceable. It is fairly uncommon, in our experience, for a Strata to do something that there is no reason to think they could do. What is much more common is for a Strata to do something that is beyond what it is permitted to do under the Strata Property Act. We described some examples in our article about the limits of bylaws. WHAT IS AN ULTRA VIRES BYLAW? The Strata Property Act provides that a Strata’s bylaws are for the control, management, maintenance, use and enjoyment of the Strata Lots, Common Property and common assets of the Strata and for the administration of the Strata. The Strata Property Act also provides that a bylaw is unenforceable if it contravenes the Act, the Human Rights Code, or any other legislation or law (including the common law made by judges). A bylaw that contravenes the Strata Property Act, the Human Rights Code, or any other legislation or law is ultra vires and unenforceable. CAN A STRATA BE ULTRA VIRES IN ENFORCING BYLAWS? The Strata Property Act provides that a Strata may enforce a bylaw or rule by: Imposing a fine against an Owner or Tenant, Doing work on or to a Strata Lot, the Common Property, or a common asset, Removing objects from the Common Property or a common asset. A Strata cannot enforce a bylaw or rule by imposing a fine on a visitor. Where a visitor breaches a bylaw or rule, the fine is imposed against the Owner or Tenant who admitted the visitor onto the premises. A Strata cannot enforce a bylaw by removing objects from within a Strata Lot. The Strata can do work on a Strata Lot, and it can remove objects from the Common Property, but it cannot remove objects from within a Strata Lot. We sometimes see bylaws that say the Strata will remove a hot water tank or a pet from a Strata Lot. This is beyond the authority of the Strata. A Strata that acts beyond its authority to enforce a bylaw or rule has acted ultra vires of the Strata Property Act and the enforcement action is unlawful. CAN A STRATA BE ULTRA VIRES IN DELAYING THE HOLDING OF A HEARING? The Strata Property Act provides that an Owner or Tenant may request a hearing at a council meeting, and the Council must hold the hearing within four weeks of the request. A Strata cannot adopt a policy or bylaw which extends the time to hold a hearing. Such a policy or bylaw would be ultra vires and unlawful. A STRATA CANNOT ACT BEYOND ITS AUTHORITY A Strata is a creature of statute. It cannot perform an act that is something a person could not do or that is beyond its powers in the Strata Property Act. A Strata may try and do something beyond its powers in the Strata Property Act, but such actions will be ultra vires and unlawful. This article only scratches the surface of how a Strata may act beyond its powers in the Strata Property Act and what it means to be ultra vires. Any Owner wanting to learn more about the extent of the Strata’s powers should carefully review the Strata Property Act. Robust and resilient Strata communities are often headed by Councils who carefully review the Strata Property Act in order to learn the extent of the Strata’s authority. As Steely Dan sings, I can tell you all I know, the where to go, the what to do, you can try to run but you cannot hide from what is inside of you. This is true for Stratas. The requirements of the Strata Property Act are present in all Stratas.

WHAT SHOULD A STRATA DO WHEN VEHICLES ARE IMPROPERLY PARKED? Neither the Strata Property Act nor the Standard Bylaws specifically establish a process for towing vehicles from common property. Instead, a Strata Corporation's ability to tow generally comes from a combination of the Motor Vehicle Act and properly drafted strata bylaws or rules. Parking issues can be one of the most common sources of disputes within strata communities. Whether it involves the misuse of guest parking, uninsured vehicles, or residents parking contrary to the bylaws, Strata Councils are often asked whether they have the authority to tow a vehicle from common property. CAN A STRATA TOW A VEHICLE FROM THE COMMON PROPERTY? Section 192 of the Motor Vehicle Act provides authority for private property owners to remove vehicles that are unlawfully parked on their property. In certain circumstances, the owner of the vehicle is deemed to have authorized the occupier of the property to arrange for the vehicle to be towed and stored. While this legislation provides a legal framework, Stratas should also adopt clear parking bylaws or rules setting out where vehicles may park and the consequences for violations. We have an article describing the limits to a Stratas bylaws. The Morley Hanson Model Bylaws provide an example of this approach. They state that an owner whose vehicle is parked on common property contrary to the bylaws is deemed to have authorized the strata corporation to act as the owner's agent for the purpose of towing and storing the vehicle. By combining clear bylaws with the authority provided under the Motor Vehicle Act, strata corporations can establish an effective parking enforcement program. WHY ARE CLEAR BYLAWS IMPORTANT? A towing policy should never come as a surprise to residents or visitors. Clear parking bylaws (and potentially rules) help establish expectations and reduce conflicts by identifying where vehicles may park, what restrictions apply, and the consequences of non-compliance. The adoption of a bylaw permits the Strata to use the enforcement and penalty powers under the Strata Property Act also, which may be important in some situations. Good communication can often resolve parking issues before enforcement becomes necessary and helps demonstrate that council is acting consistently and fairly. WHAT SHOULD A STRATA CONSIDER BEFORE ADOPTING A TOWING BYLAW? Before adopting a towing bylaw, the Strata should carefully consider how the system will operate in practice. Working with a towing company in advance can help council understand: Signage requirements; Procedures for authorizing a tow; Documentation requirements; Vehicle storage arrangements; and Any contractual obligations between the strata corporation and the towing company. The Strata should also ensure that parking rules and bylaws are clearly communicated to owners, tenants, occupants, and visitors. We have an article on how a Strata provides official notice and what it can communicate by bulletin board. The objective of parking enforcement should not simply be to tow vehicles but to encourage compliance and ensure that common property remains accessible and safe for everyone. HAVING THE POWER TO TOW ALLOWS A STRATA TO MANAGE PARKING EFFECTIVELY AND REDUCE DISPUTES Although the Strata Property Act does not specifically address towing from common property, Stratas may establish parking enforcement procedures through their bylaws and rules while relying on the authority provided by the Motor Vehicle Act. By adopting clear parking regulations, communicating expectations, and working with reputable towing providers, Stratas can manage parking effectively while reducing disputes and promoting the fair use of Common Property.

“Gunna strike all the big red words from my little black book” Black Friday by Steely Dan IS AN OWNER'S CORRESPONDENCE WITH THE STRATA PRIVATE? A Strata is not supposed to keep secrets because transparency and accountability are necessary to good governance and democracy. When an Owner provides correspondence to the Strata, that correspondence becomes a record of the Strata and can be requested by any Owner. While a Strata may try and be discreet, there is no right to anonymity. Owners should assume that complaints, emails, and other written correspondence with the Strata will eventually be shared with other Owners. We have other articles discussing a Strata's obligations for record keeping and an Owner's general right to records. DOES THE PERSONAL INFORMATION PROTECTION ACT REQUIRE THAT CORRESPONDENCE BE KEPT PRIVATE? The Personal Information Protection Act ("PIPA") does not allow a Strata to keep correspondence to the Strata private. The right to privacy afforded by PIPA is significantly restricted by the Strata Property Act. PIPA provides that a Strata may use or disclose an Owner’s personal information without consent when authorized by law. The Strata Property Act provides numerous instances where a Strata is required by law to disclose personal information on request and without consent. However, except as required or permitted by the Strata Property Act, PIPA does require that Stratas not use or disclose an Owner’s personal information without the Owner’s consent. CAN AN OWNER REQUEST COPIES OF ANOTHER OWNER'S CORRESPONDENCE WITH THE STRATA? An Owner may request, and the Strata must provide, copies of any correspondence sent or received by the Strata. This obligation applies to more documents than just correspondence. The Strata Property Act provides that an Owner may request various documents and other records held by the Strata. The list of documents an Owner may request from the Strata includes: Correspondence sent or received by the Strata, Lists of Owners and mailing addresses, Lists of Tenant names. When an Owner submits correspondence to a Strata, any other Owner can request a copy of that correspondence pursuant to the Strata Property Act. The Strata must then provide a copy of the correspondence within two weeks of the request. This is described in more detail in another article. CAN THE STRATA REDACT INFORMATION FROM CORRESPONDENCE? When an Owner requests document or other records held by the Strata, the Strata must produce the full unredacted document. The Strata Property Act does not permit a Strata to redact information. CAN THE STRATA EVER REFUSE TO PRODUCE CORRESPONDENCE? There are limited instances where a Strata may refuse to provide correspondence. A Strata may refuse to provide a copy of a legal opinion or other correspondence with its lawyer under a claim of solicitor-client privilege. A Strata may also refuse to provide correspondence with a non-lawyer under a claim of litigation privilege which protects communications and documents created for the dominant purpose of preparing for existing or reasonably anticipated litigation. TRANSPARENCY, ACCOUNTABILITY AND DEMOCRACY ARE MORE IMPORTANT THAN AN OWNER'S DESIRE FOR ANONYMITY There is no right to anonymity in a Strata and any correspondence sent to the Strata can be requested by another Owner. A Strata must be transparent and cannot provide redacted information. An Owner should, therefore, be conscientious when submitting correspondence to the Strata and not write anything they later regret.

“Are you reelin’ in the years – Stowin’ away the time” Reelin in the Years by Steely Dan DOES THE RIGHT TO COMMENCE LEGAL ACTION EXPIRE? The right to commence legal action eventually expires. The date by which you must file your claim and commence your legal action is called a “limitation period”. When you think that you may have a claim against another party, do not delay in seeking legal advice on your rights. You may lose the right to commence legal action if you wait too long. HOW LONG IS THE LIMITATION PERIOD? The Limitation Act provides various limitation periods that may apply depending on the circumstances. There is no single limitation period to rule them all. The Limitation Act does, however, provide a basic limitation period that applies in most instances. The basic rule is that you have two years after the date on which the claim is discovered to file your claim and commence legal action. WHEN DOES THE LIMITATION PERIOD START TO RUN? The clock starts ticking on the limitation period when the claim is discovered. Discovering that you have a claim is not always straight forward. The date you discover your claim is the date when you know or ought reasonably to know all of the following: The injury, loss or damage has occurred. The injury, loss or damage was caused by or contributed to by an act or omission. The person whose act or omission caused or contributed to the injury, loss or damage. That, having regard to the nature of the injury, loss or damage, a court proceeding would be an appropriate means to seek remedy. A claim is often discovered immediately after the event causing the injury, loss or damage. For example, when a Zamboni driver runs over your leg, breaking it in two places. At the moment of fracture, you know there is an injury, the injury was caused by an act, the person responsible, and that legal action is appropriate means to seek a remedy. A claim can also be discovered years after the event causing the injury, loss or damage. For example, when you discover the mechanic who repaired your Zamboni years ago did not install the high-quality safety mechanism you purchased. At the moment of learning you did not get what you paid for, you know there is a loss, the loss was caused by an act, the person responsible for the act, and that legal action is appropriate means to seek a remedy. It is important to consider that the Limitation Act says when someone "ought reasonably to know" about the claim. This means, that a court (or the Civil Resolution Tribunal) can determine that even if you did not know about the claim that a reasonable person would have known about it. So, a Strata cannot avoid a limitation period expiring by simply stating "the Strata did not know about it." IS THERE A REQUIREMENT TO USE REASONABLE DILIGENCE TO DISCOVER THE CLAIM? The date of discovery is not necessarily the date you actually discover your claim. It is the date you ought reasonably to know that you have a claim. This means you cannot extend the limitation period by refusing to discover your claim. For example, if you are involved in a hit and run, and are left only with the vehicle’s license plate number, you cannot extend your limitation period by refusing to take steps to discover the driver’s identify. You must exercise reasonable diligence to discover there has been a loss, the loss was caused by some act, and who is responsible for the act giving rise to the loss. If the claim could have been discovered earlier by exercising reasonable diligence, the limitation period will start to run on the date you should have discovered the claim. IS THERE AN ULTIMATE LIMITATION PERIOD? The Limitation Act provides an ultimate limitation period, though this too has its exceptions. The ultimate limitation period provides that you must not file your claim and commence legal action more than 15 years after the date of the act or omission giving rise to the claim. You may have just discovered you have a claim, but you will be out of time to file the claim and commence legal action if the event giving rise to the claim took place more than 15 years ago. DO NOT DELAY IN SEEKING LEGAL ADVICE ON THE APPLICABLE LIMITATION PERIOD The Limitation Act provides an array of limitation periods that may apply depending on the circumstances. When you discover that you may have a claim against another party, do not delay in seeking legal advice on your rights and the applicable limitation period. A Strata that waits too long could lose the right to commence legal action. Once you know the applicable limitation period, make sure you record the date by which you must file the claim and if you are going to be using legal services make sure you contact them long before the limitation date. Robust and resilient Strata communities take immediate action and do not allow limitation periods to elapse.

“The whole of time we gain or lose – And power enough to choose” Brooklyn (Owes the Charmer Under Me) by Steely Dan CAN A STRATA EVICT A TENANT? A Strata may evict a Tenant even though the Strata is not a party to the tenancy agreement. A Strata may only evict a Tenant when the Tenant repeatedly or continuously breaches a reasonable and significant bylaw and this repeated or continuous breach seriously interferes with another person's use and enjoyment of a Strata Lot, the Common Property or the common assets. We have an article describing the limits to the scope of bylaws that a Strata should be familiar with before assessing whether a Tenant has been in breach of a significant bylaw. WHAT IS THE STRATA’S AUTHORITY TO EVICT A TENANT? A tenancy agreement is a contract between the landlord and tenant. We have an article explaining the requirements for a contract. It is well known that only a party to a contract can commence a legal action to enforce its terms. This is called “standing”. This means that, under the law of contract, a Strata has no ability to enforce the terms of that contract. The Strata Property Act modifies the principle of standing by giving the Strata a limited statutory right to stand in the place of a landlord and evict a Tenant. This means that a Strata may evict a Tenant when the landlord will not. A Strata only has standing to evict a Tenant in limited circumstances compared to the landlord. A Strata's ability to enforce a tenancy agreement is limited to evictions. A Strata could not, for example, try to collect unpaid rent on behalf of the landlord. WHEN CAN A LANDLORD EVICT A TENANT? The landlord’s right to evict a Tenant primarily derives from the Residential Tenancy Act. The Residential Tenancy Act allows a landlord to evict a Tenant without cause so: The landlord can occupy the unit, The landlord’s family member can occupy the unit, The landlord can renovate the unit. A Strata has no authority to attempt to evict a tenant for any of those reasons. The Residential Tenancy Act also allows a landlord to evict a tenant for cause when: The Tenant is repeatedly late in paying rent, The Tenant causes extraordinary damage to the unit, The Tenant seriously jeopardizes the health or safety of others. The Strata has no authority to attempt to evict a tenant for any of those reasons, unless the Tenant breaches a bylaw when they seriously jeopardize the health or safety of others. The Strata Property Act creates another basis for a landlord to evict a Tenant - when the Tenant has repeatedly or continuously breached a reasonable and significant bylaw or rule of the Strata. WHEN CAN A STRATA EVICT A TENANT? A Strata’s right to evict a Tenant derives from the Strata Property Act which permits a Strata to evict a Tenant when the Tenant has repeatedly or continuously breached a reasonable and significant bylaw or rule and this breach seriously interferes with another person's use and enjoyment of a Strata Lot, the Common Property, or the common assets. A Strata and landlord have slightly different authority under the Strata Property Act to evict Tenants: A landlord may evict a Tenant when the Tenant repeatedly or continuously breaches a reasonable and significant bylaw or rule. A Strata may only evict a Tenant when the Tenant repeatedly or continuously breaches a reasonable and significant bylaw or rule and this repeated or continuous breach seriously interferes with another person's use and enjoyment of a Strata Lot, the Common Property or the common assets. THE STRATA CAN EVICT A TENANT WHEN THE LANDLORD WILL NOT In practice, it is better for the Strata that the landlord evict a Tenant and take on the associated costs. A Strata may, however, pursue the eviction itself when the landlord is unresponsive or delays. Robust and resilient Strata communities face their challenges head on even when the action required, such as an eviction, seem distasteful. When faced with a problematic Tenant, a Strata can ask the landlord to pursue eviction. A Strata can also pursue the eviction itself.

“You know you will have to pay it all – You will pay today or pay tomorrow” Your Gold Teeth by Steely Dan CAN A STRATA CHARGE A USER FEE? A Strata may charge a User Fee for the use of the Common Property and common assets. A User Fee is different from a Strata Fee (Strata Fees are described in this article). Whereas Strata Fees must be paid by all Owners, a User Fee offers a means to recover costs selectively from certain Owners on the basis of use. HOW IS A USER FEE CREATED? A User Fee may only be created by bylaw or ratified rule. A User Fee in a bylaw means the Strata’s bylaws provide that a set amount is charged for the use of Common Property and common assets. As a bylaw, the User Fee will have been approved by a 3/4 vote of the Owners at a general meeting. A User Fee can also be in the form of a ratified rule. A ratified rule is a rule that has been approved by a majority vote of the Owners at a general meeting. The Council is not free to simply impose a User Fee by rule without input from the Owners. The Owners must also ratify the rule. We have an article describing in more detail Strata rules. DOES THE EXACT AMOUNT OF THE USER FEE NEED TO BE SPECIFIED? A User Fee, whether it is set out in a bylaw or rule, must clearly state the amount and frequency of payment. A User Fee cannot be calculated using some unknown formula or payable at some unknown frequency. It is important to recognize that a User Fee is not a contract. A User Fee is different from a contract as the adoption of a User Fee does not involve all the requirements of a contract. We have an article explaining how contracts are created. DO USER FEES NEED TO BE REASONABLE? A User Fee must be objectively reasonable. There is no single criteria for determining whether a User Fee is reasonable. The reasonableness of a User Fee should be assessed by looking at: The user’s rate of consumption, The number of users, The duration of use, The Strata’s operating costs, The Strata’s repair and maintenance costs. Stratas must be prepared to defend and justify User Fees. An unreasonable User Fee does not become reasonable simply because it has been approved by the Owners. It is possible that a User Fee would be ultra vires the authority of the Strata if it is unreasonable. We discuss the limits on the power of a Strata through the Strata Property Act in another article. WHAT ARE SOME COMMON USER FEES? User Fees are best used to recover the cost of operating and maintaining certain Common Property and common assets from those Owners who use that Common Property or common asset. User Fees are common for: Tenant move-in / move-out, Fitness room use, Amenity room rentals, Guest suite rentals. A User Fee is appropriate for a fitness room as that room is likely only used by a fraction of the Owners. The cost to maintain the fitness room can then be recovered from the Owners who use the fitness room. This, in turn, relieves those Owners who do not use the fitness room from having to contribute with Strata Fees towards its maintenance. A User Fee should not be used for managing costs that are more properly shared by all Owners. Gardening and landscaping costs, for instance, are dealt with on the basis of Strata Fees as those costs benefit all Owners. We have an article on understanding Strata Fees. WHAT HAPPENS IF YOU FAIL TO PAY A USER FEE? The failure to pay a User Fee may result in the suspension of certain rights to use Common Property or common assets until the outstanding User Fee is paid. The failure may also result in a fine for the breach of a bylaw or rule. Unlike Strata Fees and Special Levies, an unpaid User Fee cannot be registered against the title to a Strata Lot as a lien. We have another article that addresses filing a lien and when a Strata can impose a lien for debts that are owed by an Owner. USER FEES ARE HOW A STRATA RECOVERS THE COSTS OF PROVIDING SERVICES TO A GROUP OF OWNERS A User Fee is a means to recover costs selectively from certain Owners on the basis of use. Those Owners who use that Common Property or common asset are shouldered with the costs so that Strata Fees can be reduced. A User Fee must be approved by the Owners in the form of a bylaw or ratified rule and it must be reasonable. The failure to pay a User Fee may result in a loss of privileges or fines.

“Some turnout a hundred grand – Get with it we will shake his hand” Chain Lightning by Steely Dan WHEN IS A CONTRACT CREATED? A contract is different from a promise because a contract is an agreement that creates legally enforceable obligations. A contract is created when the following requirements are met: There is an offer, The offer is accepted, There is a mutual intention to create a binding contract, The essential terms are certain, Something of value is exchanged. A contract does not need to be written and there is no need to sign at the dotted line or shake hands. The only requirements are those stated above. CAN A CONTRACT BE CREATED WITHOUT AN OFFER? There cannot be a contract without first making an offer. An offer can be verbal or in writing. For example, “I will sell you my copy of Aja by Steely Dan for $50”. An offer does not last forever. It can expire after a reasonable amount of time. It can be made subject to an expiration date. It can also be withdrawn. CAN A CONTRACT BE CREATED WITHOUT ACCEPTANCE? There cannot be a contract without accepting the offer. Acceptance is a clear, unconditional agreement to all terms of the offer. Acceptance can be communicated verbally or in writing. Acceptance can also be communicated by conduct, such as by performing the responsibilities of the contract. It is not necessary to sign at the dotted line. A signature on a contract is not itself a necessary component of acceptance. A signature is just evidence of acceptance. WHAT IS A MUTUAL INTENTION TO CREATE A CONTRACT? Each party to the contract must intend to be bound by the contract. You cannot create a contract through a joke. For example, “I will give you a million dollars if you pick me up from the airport”. It is obvious that the party making the offer does not intend to be bound by the contract. A contract is also very different from a bylaw. A bylaw is not a contract because it does not need to meet the requirements of a contract. A bylaw is adopted by the exercise of democracy within a Strata. We have several articles about bylaws, and an important one addresses the scope of bylaws. DO THE ESSENTIAL TERMS IN A CONTRACT NEED TO BE CERTAIN? The essential terms of the contract must be sufficiently clear. The essential terms include: Who the parties to the contract are, What obligations the parties must perform, What price or service will be exchanged, How and when the obligations will be performed. It is not necessary to specify every minor detail. CAN A CONTRACT BE CREATED WITHOUT EXCHANGING SOMETHING OF VALUE? Each party to the contract must exchange something of value. This can be money, goods, a service, or a promise. An unenforceable agreement does not become an enforceable contract until something of value is exchanged by all parties. The exchange of money for goods is common. The contract could also be complete when money is provided in exchange for a promise, such as providing $50 in exchange for the promise to deliver a copy of Aja by Steely Dan within a reasonable amount of time. THERE ARE MANY WAYS TO CREATEA CONTRACT There are more ways to create a contract than can be covered in a single article. An unenforceable agreement does not become a binding contract unless the following requirements are all satisfied: There is an offer, The offer is accepted, There is a mutual intention to create a binding contract, The essential terms are certain, Something of value is exchanged. If just one of these requirements is missing, the contract will fall apart, and the parties will have failed to create legally enforceable obligations. Parties should be guarded against entering into a contract with significant obligations or for large sums of money without first seeking legal advice on the validity of the contract.

“All the signs are right this time – You do not have to try so very hard” Change of the Guard by Steely Dan CAN A STRATA DESIGNATE LIMITED COMMON PROPERTY BY A SKETCH PLAN? A Strata may designate Common Property as Limited Common Property by a 3/4 vote at a general meeting. The resolution is then filed in the Land Title Office with a sketch plan defining the Limited Common Property area. The designation of Limited Common Property takes effect once it is filed in the Land Title Office. We have a separate article describing how the sketch plan is registered. This is not the only way to designate Common Property as Limited Common Property, but it is one of the easiest as it only requires a 3/4 vote of the Owners. We have an article describing how to designate Limited Common Property by the amendment of the Strata Plan. WHAT ARE THE REQUIREMENTS TO DESIGNATE LIMITED COMMON PROPERTY BY SKETCH PLAN? There are few requirements in designating Common Property as Limited Common Property by sketch plan. All that is required is: A 3/4 vote of the Owners at a general meeting approving the designation of Common Property as Limited Common Property, A sketch plan (a drawing) defining the boundaries of the Limited Common Property area or areas, A note on the sketch plan indicating which one or more Strata Lots have the exclusive use of the Limited Common Property area or areas, Filing the sketch plan in the Land Title Office. WHAT VOTE IS REQUIRED TO APPROVE A SKETCH PLAN? The designation of Common Property as Limited Common Property by sketch plan must be approved by a 3/4 vote at a general meeting. A 3/4 vote is a vote in favour of a resolution by at least 3/4 of the votes cast by eligible voters who are present in person or by proxy at the time the vote is taken and who have not abstained from voting. WHAT IS REQUIRED FOR A SKETCH PLAN? Basic Requirements The sketch plan must be prepared to the satisfaction of the land titles registrar. At a minimum, this means the sketch plan must: Depict an enclosed area marked as Limited Common Property, Include measurements of all sides of the Limited Common Property area, Indicate which one or more Strata Lots have the exclusive use of the Limited Common Property area. Depending on the area being defined as Limited Common Property, preparing the sketch plan can be simple or it can be difficult. When simple, Stratas are often able to prepare the sketch plan on their own. When difficult, Stratas are advised to retain professional assistance. Simple Sketch Plan In ideal circumstances, the Strata Plan already depicts an enclosed Common Property area and includes measurements for all sides of this Common Property area. A Strata can create a sketch plan by taking its Strata Plan, creating an enclosed area by drawing a bold line exactly overtop existing lines, and noting which one or more Strata Lots have the exclusive use of the defined area or areas. The land titles registrar often accepts sketch plans created using this method. Less Simple Sketch Plan In less ideal circumstances, the Strata Plan already depicts an enclosed Common Property area, but it does not include measurements for all sides of this Common Property area. A Strata can still create a sketch plan similar to the above, but it must obtain the missing measurements and note these on the sketch plan. The land titles registrar often accepts sketch plans created using this method. Difficult Sketch Plan In challenging circumstances, the Strata Plan does not already depict an enclosed Common Property area that is being designated as Limited Common Property. In these circumstances, a Strata must draw the lines indicating the enclosed area rather than trace existing lines on the Strata Plan. These lines must also include measurements for each side. This can be challenging. Stratas often hire professionals to prepare these sketch plans. The Sketch Plan Must Be Black and White The sketch plan must be submitted to the Land Title Office in black and white. This means the sketch plan cannot use colour coding to identify which Strata Lots have been allocated which Limited Common Property area. When designating multiple Limited Common Property areas for multiple Strata Lots on a single sketch plan, a Strata should use different shading techniques to differentiate which Strata Lots have the exclusive use of which Limited Common Property areas. For example, one area may be shaded using parallel lines in one direction, another area may be shaded using crossing lines. The sketch plan should then include a legend identifying how these shading techniques are used to differentiate between Strata Lots. As an alternative to shading, the sketch plan can indicate which Strata Lots have been allocated which Limited Common Property areas by including a note in each area. For example, a note might read “LCP SL8”, meaning Limited Common Property for Strata Lot 8. DOES THE SKETCH PLAN NEED TO BE FILED IN THE LAND TITLE OFFICE? The designation of Common Property as Limited Common Property by sketch plan does not take effect until it is filed in the Land Title Office. The Council is not usually able to file the sketch plan on its own. The sketch plan must be filed by an individual authorized to use the Land Title Office’s filing system, usually a lawyer or a notary. See our article on filing a sketch plan for more detail. DOES A SKETCH PLAN AMEND THE STRATA PLAN? The sketch plan filed in the Land Title Office is not an amendment to the Strata Plan. The sketch plan is filed separately. Because of this, it is important the Owners understand the absence of Limited Common Property on the Strata Plan does not necessarily mean there is no Limited Common Property. We have an article describing how to get the Strata Plan from the Land Title Office. We have an article describing the process and relevant considerations if a Strata is thinking about designating Limited Common Property by an amendment to the Strata Plan. DESIGNATING LIMITED COMMON PROPERTY BY SKETCH PLAN IS SIMPLE Designating Common Property as Limited Common Property is simple. All that is required is a 3/4 vote of the Owners at a general meeting and a sketch plan defining the Limited Common Property area. A sketch plan can often be created with ease by tracing existing lines on the Strata Plan.