BCLI calls for reforms to the Strata Property Act’s insurance provisions


12 March 2019

By Kevin Zakreski

The British Columbia Law Institute’s Strata Property Law Project Committee is recommending amendments to the Strata Property Act, the Strata Property Regulation, and the Schedule of Standard Bylaws to enhance the legal framework that governs insurance in a strata property.

Insurance is a concern for all homeowners. It is no less important for people whose homes are located within a strata property. But insurance generates some complex legal issues within strata properties that don’t arise within a single-family home. This report studies the existing laws that address these issues and recommends reforms to improve them.

The report contains 11 recommendations for reform. Its principal recommendations include proposals to:

  • require strata corporations to have directors-and officers insurance;
  • create a new and more certain approach to dealing with liability to pay a strata corporation’s insurance deductible in cases where an owner is responsible for a claim;
  • enhance reporting and information sharing; and
  • give more study to adopting the standard-unit concept, a legislative device used in other provinces to determine the limits of a strata corporation’s property-insurance mandate.

This report is the fourth report issued in BCLI’s Strata Property Law Project—Phase Two. It is the product of extensive research, committee meetings, and public consultation.

Quote

“The Strata Property Act needs to have provisions on insurance to reduce conflicts and confusion among all the parties involved in insuring a strata property. But the current provisions are falling short in a number of areas, breeding their own confusion. The committee has made recommendations to fine-tune the law and help it to operate for the greater benefit of strata-lot owners, strata corporations, and their insurers.”—Patrick Williams, chair, Strata Property Law (Phase Two) Project Committee

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