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What are Strata Minutes and Why are They Important?

What are Strata Minutes and Why are They Important?

by | Oct 27, 2022 | Strata Documents

Ever wonder what goes on in those strata council meetings? Strata minutes are a record of the official business of the strata corporation – they record decisions that were made, who made them, and when they were made. They also identify what type of meeting took place, how votes were executed, and any specific directions that were given. In this blog post, we’ll explore why strata minutes are so important and how they can benefit you as a strata owner or council member.

The Importance of Strata Minutes
Strata minutes are an important part of the official record of the business of the strata corporation. They provide a transparent way for owners and councils to keep track of decisions that were made, who made them, and when they were made. This level of transparency is important in order to maintain trust between owners and councils, and to ensure that all decisions are made in accordance with the Strata Property Act.

Strata minutes allows all interested parties to see how a strata corporation functions. This is beneficial for several reasons:

  • They allow current owners to see how their strata has been run in the past and get a feel for how effective or ineffective past councils have been.
  • They allow owners to see if there have been any serious concerns or issues within their building in years past that they were not aware of.
  • They allow potential purchasers to make an informed decision about whether or not they want to buy into a particular strata corporation.
  • They provide evidence of what was said and decided at a meeting, in case there is ever any dispute about what took place.

Another important function of strata minutes is that they identify what type of meeting took place and how votes were executed. This is useful information for owners and councils to have as it helps to ensure that all decisions are being made in accordance with the Strata Property Act. It also helps to prevent disputes between owners and councils down the line.

Finally, strata minutes often contain specific directions that were given by the council during the meeting. This is important information for members of the strata council to have as it ensures that they are following the correct procedures when making decisions on behalf of the strata corporation.

Conclusion:
Strata minutes are an important part of the official record of the business of the strata corporation. They provide a transparent way for owners and councils to keep track of decisions that were made, who made them, when they were made, and what type of meeting took place. They also help to prevent disputes between owners and councils by clearly outlining the procedures that should be followed when making decisions on behalf of the strata corporation. If you’re ever curious about what goes on in those strata council meetings, be sure to ask for a copy of the minutes!

 

Not Legal Advice - The material provided on the StrataPress website is for general information purposes only. It is not intended to provide legal advice or opinions of any kind and may not be used for professional or commercial purposes. No one should act, or refrain from acting, based solely upon the materials provided on this website, any hypertext links or other general information without first seeking appropriate legal or other professional advice. These materials may have no evidentiary value and should be checked against official sources before they are used for professional or commercial purposes. Your use of these materials is at your own risk.

Gaining Access to a Strata Corporation Documents

Gaining Access to a Strata Corporation Documents

by | Oct 25, 2022 | Strata Documents, Strata Property Act

When considering the purchase of a strata unit, it is important to obtain information about the strata corporation in order to make an informed decision. The strata documents, which include the bylaws and financial statements, can provide valuable insights into the strata corporation’s operations. In addition, minutes of meetings and other records can provide helpful information about strata council decisions and activities. As such, it is important to consult with a strata lawyer or strata manager to ensure that all necessary information is obtained before making a purchase.

A Strata Corporation’s financial and other records may be accessed by a potential buyer in a few ways.

Firstly, all strata documents are typically available for perusal by the public at the strata office. Secondly, if an individual is considering purchasing a strata unit, they may request to view the strata’s bylaws, financials, and minutes of council meetings from the strata corporation. Thirdly, some strata corporations post select information (e.g. meeting minutes, agendas) on their website or online bulletin board for owners and residents to view. There are also services like StrataPress.com that enable you to obtain documents easily online.

Finally, most strata corporations welcome questions from owners and prospective purchasers alike; thus, another route to gaining access to needed information would be to simply ask the strata council for the records in question. In sum, there are several methods by which a potential buyer may gain access to a Strata Corporation’s financial and other records.

The Strata Property Act entitles owners, or their delegates, authorized in writing, to inspect and obtain copies of all of the strata corporation’s records listed in Section 35 of the SPA. If an owner authorizes a buyer, in writing, to inspect the strata corporation’s records or to obtain copies of them, the corporation must allow the buyer to inspect and purchase copies of the records specified. Typically, a buyer obtains the owner’s authorization by negotiating a suitable provision in the parties’ contract of purchase and sale.  If the buyer cannot inspect the records before signing a purchase agreement, they may require a contingency clause in that agreement.

For more information, check out the Strata Property Act Section 36 and Strata Property Act Section 35. 

 

Not Legal Advice - The material provided on the StrataPress website is for general information purposes only. It is not intended to provide legal advice or opinions of any kind and may not be used for professional or commercial purposes. No one should act, or refrain from acting, based solely upon the materials provided on this website, any hypertext links or other general information without first seeking appropriate legal or other professional advice. These materials may have no evidentiary value and should be checked against official sources before they are used for professional or commercial purposes. Your use of these materials is at your own risk.

Strata Document Retention Guide

Strata Document Retention Guide

by | Nov 16, 2021 | Strata Documents

Strata Document Retention Guide

Strata documents are an important part of a Strata Corporation and how it can effectively function. The records that must be kept current and up to date by the Strata Corporation are:

  • A list of strata council members, including either a phone number or other method by which the council member may be contacted at short notice.
  • a list of owners, with their strata lot addresses, mailing addresses if different, strata lot numbers as shown on the strata plan, parking stall and storage locker numbers, if any, and unit entitlements.
  • The names and addresses of mortgagees who have filed a “Form C: Mortgagee’s Request for Notification”
  • The names of tenants, and any assignments of voting or other rights by landlords to tenants
TYPE OF DOCUMENT MINIMUM RETENTION PERIOD
Written contracts entered into by or on behalf of the strata corporation by the owner developer  Six years after the termination or expiration of the contract or policy.
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.  Retained until the disposal or replacement of the items to which the reports relate.
All warranties, manuals, schematic drawings, operating instructions, service guides, manufacturers documentation and other similar information respecting the construction, installation, operation, repair and servicing of any common property or common assets, including any warranty information provided to the owner developer.  Retained until the disposal or replacement of the common property or common assets to which they relate, or the expiration of the warranty coverage, whichever comes first.
Any decision of an arbitrator or judge in a proceeding in which the strata Corporation was a party, and any legal opinions obtained by the Strata Corporation.  Permanently
The registered strata plan as obtained from the land title office.  Permanently
Resolutions that deal with changes to common property, including the designation of limited common property.  Permanently
Names and addresses of all contractors, subcontractors and persons who supplied labor or materials to the project, as required by the regulations.  Permanently
Any disclosure statement required by the real estate development Marketing Act or section 139 of the Strata Property Act.  Permanently
All plants that were required to obtain a building permit and any amendments to the building permit plans that were filed with the issuer of the building permit.  Permanently
Any document that requires the actual location of a pipe, wire, cable, shoot, duct or other facility for the passage or provision of systems are Services, if the owner developer has reason to believe that the pipe, wire, cable, chute, . or any other facility is not located as shown on a plan or plan Amendment filed with the issuer of the building permit.  Permanently
Any depreciation reports obtained by the strata Corporation under section 94 of the Strata Property Act.  Permanently
List of council members  Current copy

List of owners including:

  • Strata lot addresses
  • Mailing addresses if different
  • Strata lot numbers as shown on the strata plan
  • Unit entitlements
  • Names and addresses of mortgages who have filed a mortgagees request for notification under Section 60 of the strata property Act
  • Names of tenants
  • Assignments of voting and other rights by landlords to tenants under section one 147 and 148 of the strata property Act
  Current Copy
 Strata Property Act and the Regulations.  Current copy
 Strata Bylaws & Rules.  Current copy
 Personal information collected in the course of a bylaw infraction matter.  One year from the date that the original decision was made by the Strata Corporation
 All correspondence sent or received by the Strata Corporation and strata council.  Two years
 Bank Statements.  Six years
 Book of accounts showing money received and spent and the reason for the receipt or expenditure.  Six years
 Budget and financial statement  for the current years and previous years  Six years
 Cancelled cheques  Six years
 Certificates of deposit  Six years
 Income tax returns, if any.  Six years
 Information Certificates issued under section 59 of the SPA.  Six years
 Minutes of annual general meetings.  Six years
 Minutes of special general meetings.  Six years
 Waivers and consents under sec. 41, 44 or 45 of the SPA.  Six years after the transfer of control referred to in section 22 of the Act
 Financial records obtained under section 23 of the SPA, if any.  Six years after the termination or expiration of the contract or policy

Prepared in accordance with the Strata Property Act and Regulations, and PIPA.

Not Legal Advice - The material provided on the StrataPress website is for general information purposes only. It is not intended to provide legal advice or opinions of any kind and may not be used for professional or commercial purposes. No one should act, or refrain from acting, based solely upon the materials provided on this website, any hypertext links or other general information without first seeking appropriate legal or other professional advice. These materials may have no evidentiary value and should be checked against official sources before they are used for professional or commercial purposes. Your use of these materials is at your own risk.