Chapter 7 Flashcards
Strata Property Act
Legislation that governs the creation and management of strata corporations and strata lots in British Columbia.
Standard Bylaws
Default set of bylaws that apply to all strata corporations in BC unless they have been amended and filed with the land title office.
Amended Bylaws
Bylaws that have been modified by a strata corporation and filed with the land title office to replace or supplement the Standard Bylaws.
Enforcing Bylaws
Process involving complaint receipt, notification, opportunity for response, and written decision before enforcement actions can be taken.
Fines
Monetary penalties imposed for bylaw or rule violations, with maximum amounts specified in the bylaws or regulations.
Rental Disclosure Statement (RDS)
Document filed by a developer outlining the rental terms and restrictions for strata lots in a development.
Bylaw Violation Procedure
Steps required for enforcing a bylaw, including notification, opportunity for response, and written decision.
Maximum Fines
Limits on fines for bylaw and rule violations, as set by the Strata Property Act and regulations.
Lien Prohibition
Strata corporations cannot file a lien against an owner’s strata lot for unpaid fines.
Remedial Costs
Costs incurred by a strata corporation to remedy a bylaw violation, which can be charged to the responsible owner or tenant.
Smoking Bylaws
Rules that may prohibit smoking to prevent nuisances, enforceable under the Strata Property Act.
Nuisance
An activity causing unreasonable interference with another person’s use and enjoyment of their strata lot, such as smoking or noise.
Rental Restrictions
Bylaws that limit or prohibit the rental of strata lots within a strata corporation.
Family Member Exemption
An exemption allowing owners to rent their strata lots to family members despite rental restriction bylaws.
Hardship Exemption
An exemption allowing owners to rent their strata lots if rental restrictions cause undue hardship.
Age Restrictions
Bylaws that restrict the age of occupants in a strata lot, permissible under the Strata Property Act.
Form K
Notice of Tenant’s Responsibilities, a form that must be provided to tenants outlining their obligations under the bylaws and rules.
Notice of Tenant’s Responsibilities
A document that informs tenants of their obligation to comply with the strata corporation’s bylaws and rules.
Leasehold Strata
Strata properties developed on leased land rather than owned land.
Ground Lease
The lease agreement between the developer and the leasehold landlord for the land used in a leasehold strata.
Leasehold Tenant
A person who holds a leasehold interest in a strata lot within a leasehold strata.
Schedule of Restrictions
A list of additional restrictions on leasing, assignment, or occupancy of strata lots in a leasehold strata plan.
Lease Term Expiry
The end of the lease period for a leasehold strata lot, after which the leasehold landlord decides on renewal or termination.
Conversion to Freehold
The process by which a leasehold strata is converted to freehold, transferring fee simple title to leasehold tenants.
Common Property
Areas of a strata development that are shared by all owners, such as hallways, roofs, and recreational facilities.
Limited Common Property (LCP)
Parts of the common property designated for the exclusive use of one or more strata lots.
Repair Responsibility
The obligation to carry out repairs, which can be the responsibility of either the strata corporation or individual owners.
Maintenance of LCP
The requirement for strata corporations to maintain and repair limited common property used by specific owners.
Indemnity Agreement
An agreement requiring owners to assume responsibility for alterations made to their strata lots.
Special Levy
Additional fees collected from owners to cover the cost of significant repairs or upgrades to the strata property.
Legal Proceedings
The ability of a strata corporation to sue or be sued in relation to common property, bylaws, or other matters.
Significantly Unfair
Actions by the strata corporation that are deemed significantly unfair can be challenged in court under Section 164 of the Strata Property Act.
Cooperative Ownership
A form of property ownership where owners possess shares in a non-profit corporation that holds title to the land and buildings.
Cooperative Association
The entity that owns the property in a cooperative ownership arrangement, with shareholders leasing their units.
Shareholder
An owner in a cooperative association who holds shares in the corporation and leases a unit from it.
Cooperative Financing
The methods and challenges associated with obtaining financing for purchasing shares in a cooperative association.
Strata Council
The elected body responsible for the management and administration of the strata corporation.
Strata Manager
A professional manager hired by the strata corporation to handle the day-to-day operations and maintenance of the property.
Council Meetings
Regular meetings held by the strata council to discuss and make decisions on the management of the strata corporation.
General Meetings
Meetings open to all strata lot owners where major decisions, such as bylaw amendments or budget approvals, are made.
Quorum
The minimum number of members required to be present at a meeting to make the proceedings of that meeting valid.
Proxy Voting
A method allowing a strata lot owner to authorize another person to vote on their behalf at a general meeting.
Operating Fund
The fund used by the strata corporation to cover day-to-day expenses such as maintenance, repairs, and utilities.
Contingency Reserve Fund (CRF)
A fund set aside by the strata corporation to cover major repairs and replacements.
Special Assessment
An additional charge levied on strata lot owners to cover unexpected expenses or significant projects not covered by the regular budget.
Depreciation Report
A report that outlines the condition of a strata corporation’s assets and estimates future repair and replacement costs.
Budget Approval
The process of approving the annual budget for the strata corporation, usually done at an annual general meeting.
Financial Statements
Documents that provide detailed information on the strata corporation’s income, expenses, assets, and liabilities.
Civil Resolution Tribunal (CRT)
An online tribunal that resolves disputes involving strata properties, small claims, and other civil matters in BC.
Mediation
A voluntary process where a neutral third party helps the disputing parties reach a mutually acceptable agreement.
Arbitration
A binding process where a neutral third party makes a decision to resolve a dispute, which the parties must follow.
Injunction
A court order requiring a person or entity to do or refrain from doing a specific action.
Significant Unfairness
Grounds for legal action where a strata corporation’s actions or decisions are deemed significantly unfair to an owner or tenant.
Legal Representation
Hiring a lawyer to represent the strata corporation or an owner in legal proceedings.
Strata Corporation Insurance
Insurance coverage purchased by the strata corporation for common property and common assets.
Unit Owner Insurance
Individual insurance coverage purchased by strata lot owners for their personal property and liability.
Deductible
The amount that must be paid out-of-pocket by the insured before the insurance coverage kicks in.
Loss Assessment Coverage
Insurance coverage that helps pay for an owner’s share of a special assessment levied by the strata corporation due to an insured loss.
Common Property Coverage
Insurance coverage for areas of the strata development shared by all owners, such as hallways, roofs, and amenities.
Flood and Earthquake Insurance
Optional insurance coverage for damages caused by floods or earthquakes, often required in areas prone to these risks.
Routine Maintenance
Regular, scheduled activities to keep the property in good working order, such as cleaning, painting, and minor repairs.
Emergency Repairs
Urgent repairs required to address immediate safety or property damage concerns, such as plumbing leaks or electrical issues.
Preventive Maintenance
Actions taken to prevent potential problems or damage, such as inspections and servicing of equipment.
Maintenance Schedule
A plan that outlines when and how routine maintenance tasks will be performed.
Common Property Repairs
Repairs to areas or systems shared by all owners, such as roofs, elevators, and landscaping.
Owner Responsibilities
Maintenance and repair tasks that are the responsibility of individual strata lot owners, typically within their units.
Bylaw Amendment
The process of changing or adding to the bylaws of a strata corporation, typically requiring approval by a 3/4 vote at a general meeting.
Rule
A regulation established by the strata council that governs the use of common property and common assets, requiring only a majority vote by the council.
Compliance
Adherence to the bylaws, rules, and regulations set by the strata corporation.
Special Resolution
A resolution passed by a 3/4 vote of the owners present in person or by proxy at a general meeting.
Unanimous Resolution
A resolution that requires the approval of all eligible voters in the strata corporation.
Annual General Meeting (AGM)
A yearly meeting where the strata corporation’s budget is approved, council members are elected, and other major decisions are made.
Bahmutsky v. Petkau
A case where the CRT found a smoking bylaw violation due to nuisance caused by smoke in a neighboring lot.
Stevens Case
A case where fines were upheld for violating an age restriction bylaw, despite the owner’s request for exemption.
Hallonquist Case
A case where the Human Rights Tribunal dismissed a complaint against an age restriction bylaw in a strata development.
Dubas v. Strata Plan VR 92
A case confirming that a majority vote is sufficient to engage a brokerage to market a strata property for sale.
Kunzler Case
A case where a new bylaw prohibiting cannabis production was upheld despite being introduced after the owners purchased the property.
Petkau Case
A case illustrating the strata council’s duty to enforce bylaws and the potential liability for failing to do so.
