The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 6th day of October, 2009
Ian D. Izard, Q.C., Law Clerk
HONOURABLE RICH COLEMAN
MINISTER OF HOUSING AND SOCIAL DEVELOPMENT
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 Section 1 (1) of the Strata Property Act, S.B.C. 1998, c. 43, is amended by adding the following definition:
"Provincial Court" means the Provincial Court of British Columbia; .
2 Section 11 is repealed and the following substituted:
11 In the period after the first conveyance of a strata lot to a purchaser but before the first annual general meeting, the strata corporation may pass a resolution requiring a 3/4 vote as follows:
(a) for a resolution to amend the bylaws under section 127 (2) or (4) (b), the resolution may be passed in accordance with section 127 (2) or (4) (b), as applicable;
(b) for a resolution under section 139 to change a Rental Disclosure Statement, the resolution may be passed in accordance with section 139;
(c) for any other resolution requiring a 3/4 vote, the resolution must be passed by a unanimous vote at a special general meeting.
3 Section 27 (2) (b) is amended by striking out "or" at the end of subparagraph (ii) and by adding the following subparagraphs:
(iv) whether a person should be required under section 133 (2) to pay the reasonable costs of remedying a contravention of the bylaws or rules, or
(v) whether an owner should be exempted under section 144 from a bylaw that prohibits or limits rentals.
4 Section 32 is repealed and the following substituted:
32 A council member who has a direct or indirect interest in
(a) a contract or transaction with the strata corporation, or
(b) a matter that is or is to be the subject of consideration by the council, if that interest could result in the creation of a duty or interest that materially conflicts with that council member's duty or interest as a council member,
must
(c) disclose fully and promptly to the council the nature and extent of the interest,
(d) abstain from voting on the contract, transaction or matter, and
(e) leave the council meeting
(i) while the contract, transaction or matter is discussed, unless asked by council to be present to provide information, and
(ii) while the council votes on the contract, transaction or matter.
5 Section 33 (1) is amended by striking out "section 32, the strata corporation or an owner may apply for an order under subsection (3) of this section to a court having jurisdiction" and substituting "section 32 (a), the strata corporation or an owner may apply for an order under subsection (3) of this section to the Supreme Court or the Provincial Court".
6 The following section is added:
34.1 (1) By application in writing stating the reason for the request, an owner or tenant may request a hearing at a council meeting.
(2) If a hearing is requested under subsection (1), the council must hold a council meeting to hear the applicant within 4 weeks after the request.
(3) If the purpose of the hearing is to seek a decision of the council, the council must give the applicant a written decision within one week after the hearing.
7 Section 35 (2) is amended
(a) by repealing paragraph (i) and substituting the following:
(i) the budget and financial statement, including any related auditor's report, for the current year and for previous years; ,
(b) by repealing paragraph (n) and substituting the following:
(n) the records and documents referred to in section 20 or 23 obtained by the strata corporation; , and
(c) by adding the following paragraphs:
(n.1) any depreciation reports obtained by the strata corporation under section 94;
(n.2) any reports obtained by the strata corporation respecting repair or maintenance of major items in the strata corporation, including, without limitation, engineers' reports, risk management reports, sanitation reports and reports respecting any items for which information is, under section 94, required to be contained in a depreciation report; .
8 Section 36 is amended
(a) by adding the following subsection:
(1.1) On receiving a request from a former owner, from a former tenant referred to in subsection (1) (b) or from a person authorized in writing by the former owner or former tenant, the strata corporation must, with respect to records and documents referred to in section 35 that, whenever created, relate to the period during which the former owner or former tenant was an owner or tenant, make those records and documents available for inspection by, and provide copies of them to, the former owner, former tenant or person authorized in writing, as the case may be. , and
(b) in subsection (3) by adding ", (1.1)" after "(1)".
9 Sections 43 (1) and 46 (2) are amended by striking out "25%" and substituting "20%".
10 Sections 52 (2), 58 (1), 59 (6), 164 (1) and 165 are amended by adding "or the Provincial Court" after "the Supreme Court".
11 Section 53 is amended by adding the following subsection:
(4) Despite subsection (1), if there is a tie vote at an annual or special general meeting, the president, or, if the president is absent or unable or unwilling to vote, the vice president, may, if the bylaws so provide, break the tie by casting a second, deciding vote.
12 Section 59 is amended
(a) in subsection (3) by adding the following paragraph:
(l.1) which parking stalls and storage lockers, if any, have been allocated to the strata lot; , and
(b) in subsection (4) by adding the following paragraph:
(d) the most recent depreciation report, if any, obtained by the strata corporation under section 94.
13 Section 61 is amended
(a) in subsection (1) (b) by striking out "or" at the end of subparagraph (v), by adding ", or" at the end of subparagraph (vi) and by adding the following subparagraph:
(vii) by emailing it to an email address provided by the person for the purpose of receiving the notice, record or document. , and
(b) by repealing subsection (3) and substituting the following:
(3) A notice or other record or document that is given to a person under subsection (1) (a) (ii) or (b) (ii) to (vii) is conclusively deemed to have been given 4 days after it is left with an adult occupant, put under the door, mailed, put through the mail slot or in the mail box, faxed or emailed.
14 Section 63 is amended
(a) by repealing subsection (1) (c) and substituting the following:
(c) by faxing it or emailing it to
(i) the strata corporation using the strata corporation's fax number or email address, or
(ii) a fax number or email address provided by a council member for the purpose of receiving the notice, record or document, or , and
(b) in subsection (2) by striking out "faxed or put through the mail slot or in the mail box." and substituting "faxed, emailed or put through the mail slot or in the mail box."
15 Section 94 is repealed and the following substituted:
94 (1) In this section, "qualified person" has the meaning set out in the regulations.
(2) Subject to subsection (3), a strata corporation must obtain from a qualified person, on or before the following dates, a depreciation report estimating the repair and replacement cost for major items in the strata corporation and the expected life of those items:
(a) for the first time, the date that is 2 years after the coming into force of this section;
(b) if the strata corporation has, before or after the coming into force of this section, obtained a depreciation report that complies with the requirements of this section, the date that is the prescribed period after the date on which that report was obtained;
(c) if the strata corporation has, under subsection (3) (a), waived the requirement under this subsection to obtain a depreciation report, the date that is the prescribed period after the date on which the resolution waiving the requirement was passed.
(3) A strata corporation need not comply with the requirement under subsection (2) to obtain a depreciation report on or before a certain date if
(a) the strata corporation, by a resolution passed by a 3/4 vote at an annual or special general meeting within the prescribed period, waives that requirement, or
(b) the strata corporation is a member of a prescribed class of strata corporations.
(4) A depreciation report referred to in subsection (2) must contain the information set out in the regulations.
16 Section 103 is amended
(a) in subsection (3) by adding "proposed" before "budget", and
(b) by adding the following subsections:
(5) The financial statement to be distributed with the proposed budget must be audited by a qualified person in accordance with any standards prescribed for the purposes of this subsection unless
(a) the strata corporation, by a resolution passed by a 3/4 vote at an annual or special general meeting within the prescribed period, waives the requirement for the financial statement to be audited, or
(b) the strata corporation is a member of a prescribed class of strata corporations.
(6) In subsection (5), "qualified person" has the meaning set out in the regulations.
17 Section 108 is amended
(a) by repealing subsection (4) and substituting the following:
(4) The strata corporation must
(a) account for the money collected separately from other money of the strata corporation,
(b) invest all of the money collected in one or both of the following:
(i) investments permitted by the regulations;
(ii) insured accounts with savings institutions in British Columbia,
(c) use the money collected for the purpose set out in the resolution, and
(d) inform owners about the expenditure of the money collected. ,
(b) by adding the following subsections:
(4.1) A strata corporation may, by bylaw or by a resolution approving a special levy, establish a rate of interest, not to exceed the rate set out in the regulations, to be paid if an owner is late in paying his or her strata lot's share of the special levy.
(4.2) The interest payable on a late payment of a special levy in accordance with a bylaw or resolution referred to in subsection (4.1) is not a fine, and forms part of the special levy for the purposes of section 116. ,
(c) by repealing subsection (5) and substituting the following:
(5) If the money collected exceeds the amount required, or for any other reason is not fully used for the purpose set out in the resolution, the strata corporation must pay to each owner of a strata lot the portion of the unused amount of the special levy that is proportional to the contribution made to the special levy in respect of that strata lot. , and
(d) by adding the following subsection:
(7) In subsections (4) and (5), "money collected" means the money collected on a special levy and includes any interest or income earned on that money.
18 Section 123 is amended by adding the following subsection:
(1.1) Without limiting a strata corporation's power to pass any other bylaws, a strata corporation may pass a bylaw that restricts the age of persons who may reside in a strata lot.
19 Section 124 is amended
(a) in subsection (3) by striking out "arbitration." and substituting "arbitration or mediation.", and
(b) in subsection (4) by adding ", in a mediation" after "arbitration".
20 Section 127 is amended
(a) in subsection (1) by striking out "before the first annual general meeting unless it is approved by a resolution passed by a unanimous vote at a special" and substituting "before the second annual general meeting unless the amendment is approved by a resolution passed by a unanimous vote at an annual or special",
(b) in subsection (2) by striking out "at a special general meeting held before the first" and substituting "at an annual or special general meeting held before the second",
(c) in subsection (3) by striking out "before the first" and substituting "before the second",
(d) in subsection (3) (a) by striking out "at a special" and substituting "at an annual or special",
(e) by repealing subsection (4) (a) and substituting the following:
(a) the residential section may not amend the bylaws before the second annual general meeting unless the amendment is approved by a resolution passed by a unanimous vote at an annual or special general meeting of the section, and , and
(f) in subsection (4) (b) by striking out "at a special general meeting of the section held before the first" and substituting "at an annual or special general meeting of the section held before the second".
21 Section 128 (2) and (3) is repealed and the following substituted:
(2) If an amendment to a bylaw is approved, an Amendment to Bylaws that sets out that amendment and is in the prescribed form must be filed in the land title office and, until that filing, the amendment has no effect.
22 Section 142 is amended by adding the following subsection:
(4) If the bylaws of a strata corporation include a bylaw referred to in section 141 (2) (b) (i), a residential strata lot that has been rented
(a) to a member of the owner's family, or
(b) under an exemption from the bylaw granted or allowed under section 144
is not to be considered, for the purposes of that bylaw, as a residential strata lot that has been rented.
23 Section 143 is amended
(a) in subsection (1) by striking out "A bylaw" and substituting "Subject to subsection (4), a bylaw",
(b) by repealing subsection (2) and substituting the following:
(2) Subject to subsection (1), if a strata lot has been designated as a rental strata lot on a Rental Disclosure Statement in the prescribed form, and if all the requirements of section 139 have been met, a bylaw that prohibits or limits rentals does not apply to that strata lot until,
(a) in the case of a Rental Disclosure Statement filed before January 1, 2010, the earlier of
(i) the date the strata lot is conveyed by the first owner of the strata lot other than the owner developer, and
(ii) the date the rental period expires, as disclosed in the Rental Disclosure Statement as it read on December 31, 2009, and
(b) in the case of a Rental Disclosure Statement filed after December 31, 2009, the date the rental period expires, as disclosed in the Rental Disclosure Statement.
(3) Even if a Rental Disclosure Statement filed before January 1, 2010 is changed under section 139 (2) after December 31, 2009, subsection (2) (a) of this section applies. , and
(c) by adding the following subsection:
(4) Subsection (1) (b) does not apply to a bylaw that is passed under section 8 by the owner developer.
24 Section 144 is amended
(a) in subsection (3) by striking out "3 weeks" and substituting "4 weeks", and
(b) by repealing subsection (4) and substituting the following:
(4) An exemption is allowed if
(a) the strata corporation does not give its decision in writing to the owner,
(i) if a hearing is held, within one week after the hearing, or
(ii) if no hearing is requested, within 2 weeks after the application is given to the strata corporation, or
(b) the owner requests a hearing under subsection (2) (b) and the strata corporation does not hold a hearing within 4 weeks after the date the application is given to the strata corporation.
25 Section 173 is amended
(a) by adding "or the Provincial Court" after "the Supreme Court",
(b) by renumbering the section as section 173 (1), and
(c) by adding the following subsections:
(2) If, under section 108 (2) (a),
(a) a resolution is proposed to approve a special levy to raise money for the maintenance or repair of common property or common assets that is necessary to ensure safety or to prevent significant loss or damage, whether physical or otherwise, and
(b) the number of votes cast in favour of the resolution is more than 1/2 of the votes cast on the resolution but less than the 3/4 vote required under section 108 (2) (a),
the strata corporation may apply to the Supreme Court or the Provincial Court, on such notice as the court may require, for an order under subsection (4) of this section.
(3) An application under subsection (2) must be made within 90 days after the vote referred to in that subsection.
(4) On an application under subsection (2), the court may approve the resolution and, in that event, the strata corporation may proceed as if the resolution had been passed under section 108 (2) (a).
26 Section 174 is amended by adding the following subsection:
(7) Unless the court otherwise orders, if, under this Act, a strata corporation must, before exercising a power or performing a duty, obtain approval by a resolution passed by a majority vote, a 3/4 vote or a unanimous vote, an administrator appointed under this section must not exercise that power or perform that duty unless that approval has been obtained.
27 Section 175 is amended
(a) in subsection (1) by striking out "Division applies" and substituting "Division and the regulations under section 292.1 apply", and
(b) in subsection (2) by striking out "Division does" and substituting "Division and the regulations under section 292.1 do".
28 Section 177 is amended
(a) by repealing subsections (1) and (2) and substituting the following:
(1) Subject to section 178 (1), the strata corporation may refer to arbitration a dispute with an owner or tenant if the dispute concerns a matter set out in subsection (3) of this section.
(2) Subject to section 178 (1), an owner or tenant may refer to arbitration a dispute with the strata corporation or with another owner or tenant if the dispute concerns a matter set out in subsection (3) of this section. , and
(b) in subsection (3) by adding "under subsection (1) or (2)" after "referred to arbitration".
29 Section 178 is amended
(a) by repealing subsection (1) and substituting the following:
(1) A dispute must not be referred to arbitration under section 177 (1) or (2) once a court proceeding has been commenced in relation to the same dispute. , and
(b) in subsection (3) by striking out "The court must" and substituting "On an application for a stay under subsection (2), the court must".
30 Sections 179 to 186 are repealed.
31 Section 187 is amended by striking out "the arbitrator" and substituting "an arbitrator".
32 Section 216 (1) is amended by striking out "and" at the end of paragraph (c), by adding ", and" at the end of paragraph (d) and by adding the following paragraph:
(e) any schedule of restrictions filed under section 206 is repealed and the restrictions set out in it cease to apply.
33 Section 292 is amended
(a) in subsection (2) (l) by striking out "depreciation reports,",
(b) by repealing subsection (2) (n) and substituting the following:
(n) respecting the maximum rate of interest that may be established under a bylaw or resolution referred to in section 107 (1) or 108 (4.1); ,
(c) in subsection (2) by adding the following paragraph:
(o.1) requiring strata corporations to establish a process for the voluntary resolution of disputes among owners, tenants and the strata corporation, or any combination of them, including regulations respecting when a strata corporation must establish that process, regulations respecting procedures that must or may be followed in that process and regulations applying some or all of section 124 (2) to (4) in relation to that process; ,
(d) in subsection (3) by adding the following paragraphs:
(a.1) defining "qualified person" for the purposes of section 94 (1) or 103 (6);
(a.2) prescribing a period for the purposes of section 94 (2) (b) or (c) or (3) (a) or 103 (5) (a);
(a.3) prescribing classes of strata corporations for the purposes of section 94 (3) (b) or 103 (5) (b);
(a.4) prescribing information for the purposes of section 94 (4);
(a.5) prescribing standards for the purposes of section 103 (5); , and
(e) by repealing subsection (3) (g).
34 The following sections are added:
292.1 (1) In this section, "section 177 dispute" means a dispute referred to in section 177 (3) (a), (b), (c), (d), (e) or (f).
(2) The Lieutenant Governor in Council may make regulations respecting the mediation or arbitration under this Act of section 177 disputes, including, without limitation, the following:
(a) providing when a mediation or an arbitration may, must or must not occur;
(b) respecting who may, must or must not participate in a mediation or an arbitration;
(c) without limiting paragraph (a) or (b) of this subsection, providing to a party to a section 177 dispute the ability to require the other parties to the section 177 dispute to engage in mediation or arbitration, including regulations setting out when and how that ability may be exercised and the remedies available after its exercise;
(d) respecting the qualifications required for individuals who may act as mediators or arbitrators;
(e) respecting the selection and appointment of mediators or arbitrators, including regulations respecting the involvement of organizations in that selection and appointment process and regulations authorizing a court to appoint the mediator or arbitrator;
(f) respecting the rights, powers and duties of the mediator or arbitrator and the parties to a mediation or an arbitration, including regulations respecting the orders that must or may be made by the arbitrator;
(g) respecting the fees and disbursements of the mediator or arbitrator, including regulations respecting when, by whom and on what basis those amounts are to be paid and regulations respecting the maximum amount or rate of fees and disbursements that may be charged;
(h) respecting procedures that must or may be followed before, during and after a mediation or an arbitration, including regulations respecting the time within which a person must perform a step in a procedure and regulations respecting when, to what extent and how evidence must or may be given in an arbitration by a party to a section 177 dispute or by any person who is not a party to a section 177 dispute;
(i) respecting forms that must or may be used before, during and after a mediation or an arbitration;
(j) respecting information that may, must or must not be disclosed for the purposes of a mediation or an arbitration;
(k) respecting confidentiality of information disclosed for the purposes of a mediation or an arbitration, including regulations requiring that the information be kept confidential and regulations setting out the circumstances in which that information may be further disclosed;
(l) respecting the costs and other sanctions that may be imposed or the other orders that may be made by a court in relation to a mediation or an arbitration, including regulations respecting costs, sanctions and orders in relation to any failure to
(i) participate in a mediation or an arbitration when and as required, or
(ii) otherwise comply with the regulations;
(m) respecting exemptions from mediation or arbitration, including regulations
(i) authorizing a court to grant exemptions from participation in one or more procedures that must or may be followed before, during and after a mediation or an arbitration, and
(ii) respecting the circumstances, if any, and the manner in which a party to a section 177 dispute may be exempted from participation in one or more procedures that must or may be followed before, during and after a mediation or an arbitration;
(n) respecting the review by a registrar of a court or by any other person of the fees and disbursements of the mediator or arbitrator, including regulations respecting the powers and duties of the registrar or other person on that review and regulations respecting appeals to a court of any order, decision or direction made by the registrar or other person on that review;
(o) respecting any consents or approvals required in relation to
(i) the strata corporation's ability to initiate mediation, or
(ii) any settlement of a section 177 dispute to which the strata corporation may agree in mediation;
(p) respecting by whom and on what basis the following are to be paid:
(i) the strata corporation's mediation-related expenses;
(ii) any amount the strata corporation agrees in mediation to pay to settle a section 177 dispute;
(q) respecting the notice, records and information relating to a mediation of a section 177 dispute that must, may, need not or must not be given by a strata corporation;
(r) restricting the rights otherwise available to an owner or tenant under this Act or the bylaws to attend an annual general meeting, a special general meeting or a council meeting if mediation between the owner or tenant and the strata corporation has been initiated and has not been completed;
(s) respecting arbitrators' orders for costs, including regulations providing for references to the registrar of a court or any other person in relation to costs, regulations respecting the powers and duties of the registrar or other person on that reference and regulations respecting appeals to a court of any order, decision or direction made by the registrar or other person on that reference.
(3) A regulation made under this section may adopt by reference, and with any changes the Lieutenant Governor in Council considers necessary, all or part of any code, standard or rule respecting mediation or arbitration, as amended before or after the making of the regulation, whether the code, standard or rule is promulgated by any governmental authority or by any association or other body.
(4) If all or part of a code, standard or rule is adopted by regulation, publication in the Gazette of a notice of the adoption referring to the code, standard or rule and stating the extent of its adoption and setting out any variations to which the adoption is subject, is deemed sufficient publication without publishing in the Gazette the text of the code, standard or rule or part of it adopted.
(5) The Lieutenant Governor in Council may make different regulations under this section for one or more of the following:
(a) different classes of section 177 disputes;
(b) different classes of persons.
(6) For the purposes of subsection (2) (o) to (r), the Lieutenant Governor in Council may make regulations providing that a provision of this Act does not apply to one or more of the parties to a mediation under this Act and prescribing circumstances in which or conditions on which the provision of this Act is disapplied under this subsection.
(7) If and to the extent that there is any conflict between a regulation made under this section and any other enactment, including, without limitation, the Law and Equity Act and the rules of any court, the regulation made under this section prevails.
292.2 Without limiting section 292 or 292.1, in making regulations under this Act, the Lieutenant Governor in Council may
(a) make different regulations for different classes of strata lots or strata corporations, and
(b) in the case of regulations that may be made respecting definitions, periods, information, standards or other matters referenced in 2 or more provisions of this Act, make different regulations for the definitions, periods, information, standards or other matters as they pertain to the different provisions.
35 The Schedule of Standard Bylaws is amended by repealing section 15.
36 (1) In this section, "bylaw" and "strata corporation" have the same meanings as in the Strata Property Act.
(2) Despite section 127 (1), (3) and (4) (a) of the Strata Property Act as amended by this Act, an amendment may be made to the bylaws of a strata corporation before the second annual general meeting of the strata corporation if
(a) one of the following situations applies:
(i) the amendment to the bylaws was approved by a resolution that was passed before the coming into force of this section but the amendment had not come into effect before the coming into force of this section;
(ii) the amendment to the bylaws was proposed for an annual general meeting or a special general meeting of the strata corporation held before the second annual general meeting, notice of that meeting was given in accordance with the Strata Property Act before the coming into force of this section, the meeting is held after the coming into force of this section and the resolution approving the amendment to the bylaws is passed at that meeting, and
(b) an Amendment to Bylaws that sets out the amendment and is in the form prescribed under the Strata Property Act is filed in the land title office within one year after the coming into force of this section.
37 This Act comes into force by regulation of the Lieutenant Governor in Council.