BCLI recommends new legislation to improve strata governance


22 January 2019

By Kevin Zakreski

The British Columbia Law Institute’s Strata Property Law Project Committee is calling for reforms to the Strata Property Act, the Strata Property Regulation, and the Schedule of Standard Bylaws to enhance the governance of strata corporations.

The Report on Governance Issues for Stratas is the third report published in the project. It represents over two years of work by the Strata Property Law (Phase Two) Project Committee at 23 committee meetings and consideration of 290 responses to the Consultation Paper on Governance Issues for Stratas. The report examines five topics relating to strata-corporation governance: (1) bylaws and rules; (2) statutory definitions; (3) general meetings and strata-council meetings; (4) finances; and (5) notices and communications.

The report contains 81 recommendations for reform. Among these recommendations are proposals to:

  • relocate 12 standard bylaws (or parts of standard bylaws) to the body of the Strata Property Act;
  • create statutory definitions for the often-contested terms rent and continuing contravention;
  • establish a mandatory form of proxy appointment;
  • set in place criteria that must be met by those who want to serve on a strata council;
  • create a special limitation period of four years for claims that may be the subject of a strata corporation’s lien; and
  • update a host of fines and fees in light of current circumstances.

Quote

“The committee’s Report on Governance Issues for Stratas shows that the legal framework is falling short in supporting the best practices for governing strata corporations. Reforming the act and its regulation will help strata owners in carrying out the job of governing their stratas by clarifying meeting procedures, modernizing provisions, enhancing accountability, and creating greater certainty.”—Patrick Williams, Chair, BCLI Strata Property Law (Phase Two) Project Committee

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