|
Responsibilities | Strata Property
FAQs
Use the following links to access the appropriate section:
I. Questions From Strata Lot Owners
NOTE For further information on any of the above topics, a strata lot owner may be referred to:
(a) the 29 Guides on the Strata Property Act, which are available
on our website at www.fic.gov.bc.ca;
(b) one of the strata lot owners’ associations listed on our website;
and
(c) a lawyer. If the caller does not have a lawyer, a Lawyer
Referral Service is offered by the British Columbia Branch
of the Canadian Bar Association (Phone 604-687-3221 in
the Lower Mainland, or toll free in BC at 1-800-663-1919).
II. Questions From Developers
NOTE For further information on any of the above topics, a developer may be referred to:
(a) the 29 Guides on the Strata Property Act, which are available
on our website at www.fic.gov.bc.ca. In particular, a developer
may be interested in: Guide 1 (The Role and Responsibilities of
Owner Developers); Guide 15 (How to Apply Rental Restriction Bylaws); Guide 19 (How to Alter Unit Entitlement); and Guide 9 (What to Know About Voting);
(b) a lawyer. If the caller does not have a lawyer, a Lawyer
Referral Service is offered by the British Columbia Branch
of the Canadian Bar Association (Phone 604-687-3221 in
the Lower Mainland, or toll free in BC at 1-800-663-1919); and
(c) our Analysts or Manager (Real Estate), for questions
about submitting a Rental Disclosure Statement or a strata plan Schedule to our office.
I. Questions From Strata Lot Owners
Q. What legislation governs strata/condominium matters?
A. The Strata Property Act. That Act and its Regulations and Forms are available on the Queen’s Printer’s website at www.qplegaleze.ca.
Q.Who enforces the Strata Property Act?
A. The Strata Property Act is enforced by strata lot owners themselves, with the assistance of an arbitrator or court if necessary. See: Guide 25 (What to Know About Resolving Complaints); Guide 26 (Arbitration); and Guide 27 (Court Actions). Our office does not provide legal advice and does not play a role in enforcing the provisions of the Act.
Q. Who manages a strata development and the strata corporation?
A. Under the Strata Property Act, the strata lot owners elect a strata council that manages the development and the strata corporation. A strata council may hire a manager to help it perform those tasks. See: Guide 3 (The Role and Responsibilities of the Strata Corporation); Guide 4 (The Role and Responsibilities of the Strata Council); and Guide 24 (What to Know About Contracting with a Strata Manager) .
Q. Must a strata manager be licensed?
A.Beginning on January 1, 2006, under the Real Estate Services Act, a strata manager must either be licensed or exempt from the licensing requirement. The Real Estate Services Act is available on the Queen’s Printer’s website at www.qplegaleze.ca . Further information about licensing is available from the Real Estate Council of British Columbia. See its website at www.recbc.ca or phone 604-683-9664.
Q.How can a strata lot owner make a complaint about a strata manager?
A.A complaint about a strata manager should be made to the strata council. Additionally, beginning on January 1, 2006 , a complaint about a strata manager should be directed to the Real Estate Council of British Columbia. See its website at www.recbc.ca or phone 604 683-9664.
Q. What rules govern the use of the strata lots and common property?
A. The strata bylaws govern the use of the strata lots and common property. Additionally, strata rules may be created to govern the use of common property. See: Guide 13 (How to Create or Amend Bylaws and Rules) and Guide 14 (How to Enforce Bylaws and Rules).
Q.
Can common property be dedicated to specific strata lots?
A. Yes. A specific portion of the common property can be designated as limited common property for the use of only a specific strata lot or a group of strata lots. Short term exclusive use arrangements are also possible. See: Guide 18 (What to Know About Limited Common Property and Short Term Exclusive Use Arrangements of Common Property) .
Q. Who determines the budget for a strata development?
A. The strata council prepares the annual budget, which must be
approved by a majority vote of the strata lot owners. See: Guide 10 (What to Know About Budgeting and the Collection of Strata Fees).
Q. Who repairs strata property, and who pays the repair costs?
A. See: Guide 20 (Who is Responsible for Repairs); and Guide 11 (How to Apportion Expenses).
Q. How are major repairs or improvements funded?
A. The contingency reserve fund may be used for strata expenses that usually occur less often than once a year. A special levy may be used to raise further amounts. See: Guide 12 (What to Know About Contingency Reserve Funds and Special Levies).
Q. Can I rent out my strata lot?
A. An owner’s ability to rent out his or her strata lot may be limited, or prohibited altogether, in amendments to the strata bylaws. See: Guide 13 (How to Create or Amend Bylaws and Rules); and Guide 15 (How to Apply Rental Restriction Bylaws and Rules).
Q. Was a Rental Disclosure Statement filed for my development to help entrench rental rights?
A.Upon payment of the $38 fee, our Records Department can confirm whether a Rental Disclosure Statement was filed for a particular development and provide a copy of any such filing. For more information on Rental Disclosure Statements see Guide 15 (How to Apply Rental Restriction Bylaws and Rules).
Q. What are the rights and responsibilities of tenants and landlords of strata lots?
A. See: Guide 6 (The Role and Responsibilities of Tenants and Landlords). Further information, and assistance in resolving disputes between tenants and landlords, may be obtained from the Residential Tenancy Office (Phone 604-660-3456).
Q. Can strata lot owners keep pets?
A. An owner’s ability to keep a pet in his or her strata lot, or allow that pet on the common property, is limited in the schedule of standard strata bylaws. Additionally, pets may be further limited, or prohibited altogether, in amendments to the standard strata bylaws. See: Guide 13 (How to Create or Amend Bylaws and Rules); and Guide 17 (What to Know About Pet Bylaws).
Q. What happens at annual general meetings?
A. See: Guide 7 (How to Prepare for an Annual General Meeting ); and Guide 8 (How to Conduct an Annual General Meeting).
Q. What information can a strata lot owner obtain about strata matters at his or her development?
A. See: Guide 21 (What to Know About Record Keeping); Guide 22 (Certificates of Payment); and Guide 23 (Information Certificates).
II. Questions From Developers
Q. What obligations do developers have to strata owners when creating a strata development?
A. See Guide 2 (The Roles and Responsibilities of Owner Developers).
Q. Where does a developer file a Rental Disclosure Statement to disclose and help entrench rental rights?
A. A developer who intends to rent out residential strata lots must file a Rental Disclosure Statement with our office before the first strata lot is offered for sale or sold. See the Strata Property Act, section 139.
Q. What is the fee for filing a Rental Disclosure Statement?
A. The fee for filing a Rental Disclosure Statement is $150. Cheques should be made payable to the Minister of Finance. See our Bulletin SPA-03-001.
Q. Must a developer obtain our approval for any Schedules in respect of a strata plan that it wishes to register at the Land Title Office?
A. Our approval is required for some Schedules that are to be registered at the Land Title Office with a strata plan. In particular, the Superintendent of Real Estate’s approval is required for three types of Schedules in the following circumstances.
Schedule of Unit Entitlement (i.e., Form “V” under the current Strata Property Act and Form 1 under the old Condominium Act). The Superintendent’s approval is required:
- if the development contains both residential and non-residential strata lots (see the Strata Property Act, section 246(5));
- if the unit entitlement is based on something other than the habitable area or a whole number that is the same for each strata lot (see the Strata Property Act, sections 246(3)(a)(iii), 246(3)(b)(iii), and 246(6)(b));
- if the unit entitlement will change as a result of a correction or a strata plan amendment (see the Strata Property Act, section 264(6)); or
- if the strata plan is phased and the strata plan for the first phase was registered under the old Condominium Act (see the Strata Property Regulation, section 17.17).
Schedule of Voting Rights (i.e., Form “W” under the current Strata Property Act and Form 3 under the old Condominium Act). The Superintendent’s approval is required:
- if the development contains at least one non-residential strata lot and the voting rights are based on a unique formula (see the Strata Property Act, section 248);
- if the voting rights will change as a result of a correction or a strata plan amendment (see the Strata Property Act, section 264(6)(b)); or
- if the strata plan is phased and the strata plan for the first phase was registered under the old Condominium Act (see the Strata Property Regulation, section 17.17).
Schedule of Interest on Destruction (i.e., Form 2 under the old Condominium Act). The Superintendent’s approval is required:
- if the strata plan is phased and the strata plan for the first phase was registered under the old Condominium Act (see the Strata Property Regulation, section 17.17).
Q. What is our fee for approving a Schedule of Unit Entitlement, a Schedule of Voting Rights, or a Schedule of Interest on Destruction?
A. Our fee is $200 for each Schedule. Cheques should be made payable to the Minister of Finance. See our Bulletin SPA-03-001.
|
