BCLI calls for reforms to strata sections, types, and phases


19 June 2017

By Kevin Zakreski

In the Report on Complex Stratas (PDF), published today, the British Columbia Law Institute’s Strata Property Law Project Committee is calling for reforms to the Strata Property Act and the Strata Property Regulation to improve sections, types, and phases—the three tools used to manage legal issues arising from complex stratas.

The report recommends 68 reforms, including:

  • 29 recommendations on sections, which propose clarifying the procedures for creating and cancelling sections, spelling out section powers and duties, and strengthening section governance, budgets, and finances;
  • 14 recommendations on types, which propose clarifying the procedures for creating and cancelling types and fine-tuning the operation of types; and
  • 25 recommendations on phases, which propose enhancing the oversight of the phasing process, simplifying governance in a phased strata corporation, and providing additional protections for the financial interests of owners in a phased strata.

The report also contains draft legislation, illustrating how the legislative assembly could implement these recommendations.

Quote

“Stratas have become more complex since the first appearance of sections, types, and phases in the 1970s. “More and more stratas are developed in multiple phases, consist of different styles of buildings, or contain mixed uses. Unfortunately, the law hasn’t kept pace with these developments. The time is ripe to bring the law up to date.”—Patrick Williams, chair, Strata Property Law (Phase Two) Project Committee

Quick facts

  • BCLI began the Strata Property Law Project—Phase Two in 2013. The project is scheduled to run until June 2018.
  • BCLI is carrying out this project with the assistance of a 13-person project committee and the support of nine funding organizations.
  • The Report on Complex Stratas is the second report issued in the project. The first was 2015’s Report on Terminating a Strata (PDF).
  • The report is the product of 26 committee meetings and a 4 1/2-month public consultation, carried out over the course of 2 1/2 years.

Links

  • Strata Property Law Project—Phase Two project page
  • Report on Complex Stratas (PDF)
  • backgrounder no. 7—summary of Report on Complex Stratas (PDF)
  • backgrounder no. 8—legislative fact sheet for Report on Complex Stratas (PDF)
  • media release no. 6—BCLI calls for reforms to strata sections, types, and phases (PDF)
  • list of project-committee members (PDF)

 


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