No exemptions for notice to strata council

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Our strata corporation has proposed a bylaw for our annual meeting that would prohibit owners and tenants from contacting any council member or giving notice to any council member of an issue or request in our building.

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The council would be requiring all owners to submit any concerns or complaints to the property manager only, and the property manager would determine if they require additional consideration by the strata council.

We’re not sure who came up with this idea, and there is no history of conflict between owners and council. Is such a bylaw even enforceable? In the event a petition for a special general meeting was delivered to a council member, would that render the notice and delivery void?

— Paulette R.

Dear Paulette:

Under the Strata Property Act, bylaws must comply with every enactment of law, the Strata Property Act and Regulations, and the B.C. Human Rights Code.

There are certain conditions where the Strata Property Act grants a provision for bylaws to manage administrative issues. For example, bylaw penalties may be amended, a rate of interest on late strata fees or special levies may be adopted, council eligibility or voting rights may be affected for majority and three-quarters votes where the strata is entitled to file a lien against their strata lot, or a quorum at general meetings.

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For the purpose of issuing notice to a strata corporation, there is no exemption for the method or timing of notice periods under the act.

A notice or other record or document that is required or permitted under this act, the bylaws or the rules to be given to the strata corporation must be given to the strata corporation: (a) by leaving it with a council member; (b) by mailing it to the strata corporation at its most recent mailing address on file in the land title office; (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; (d) by putting it through the mail slot or in the mailbox used by the strata corporation for receiving notices, records and documents.

Before a strata corporation adopts bylaws, legal advice is always recommended. Small amendments may appear insignificant, but the outcomes can be costly disputes and conflicts.

Tony Gioventu is executive director of the Condominium Home Owners Association. Email tony@choa.bc.ca.

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