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Understanding Bylaw Enforcement

Understanding Bylaw Enforcement

Understanding Bylaw Enforcement: A Guide for Strata Corporations in BC

In the world of strata corporations in beautiful British Columbia, bylaw enforcement is a critical aspect of maintaining harmony and order within a community. Whether you’re a strata council member, an owner, or a tenant, it’s essential to be well-versed in the basics of bylaw enforcement to avoid costly legal battles and ensure a fair and consistent living environment. In this article, we’ll explore the fundamental principles of bylaw enforcement and the procedures outlined in the Strata Property Act.

The Importance of Fair and Consistent Bylaw Enforcement

The Courts have increasingly shown impatience with imperfect bylaw enforcement procedures by Strata Councils. Unfair, unlawful, or inconsistent enforcement can lead to expensive litigation. To stay out of trouble, strata corporations must ensure that their bylaw enforcement is fair, consistent, procedurally compliant, and effective.

According to sections 4, 26, and 31 of the Strata Property Act, it is the duty of the Strata Corporation to enforce the bylaws fairly and evenly, honestly, and in good faith, with a view to the best interests of the strata corporation.

Steps in the Enforcement Process

The following steps should be taken by parties in dealing with complaints of alleged bylaw and rule violations. If the alleged offender is a strata council member, that member must excuse themselves from the complaint process, unless all strata lot owners are on the strata council.

Here’s a summary of the procedure:

Receiving a Complaint: The process begins when the council receives a complaint that a bylaw has been breached. This complaint can come from anyone, including council members, strata managers, tenants, or government officials. It’s preferable to receive or confirm the complaint in writing for proper documentation.

Sending a Notice of Bylaw Complaint: Once a complaint is received, the council decides whether to send out a written Notice of Bylaw Complaint to the owner or tenant accused of breaching the bylaws. This notice should include reasonable particulars of the complaint and provide the owner or tenant with a reasonable opportunity to respond in writing or request an in-person hearing before the council.

Validating Bylaw Compliance: Before sending out a Notice of Bylaw Complaint, the council must be confident that the bylaw being enforced is valid and enforceable. This involves ensuring that the bylaw has been properly amended, if necessary.

Council Meeting: After receiving a response or when the response time expires, a council meeting is convened to consider the allegations, submissions, and make a determination on the alleged bylaw breach. During this meeting, council members go ‘in-camera’ to discuss the bylaw issue. Only council members, the strata manager, and the Strata Corporation’s lawyer should be present. If the breach is corrected, the strata council may decide not to take any further steps or the strata council may proceed with further enforcement.

Making Determinations: Council must make determinations by majority vote on whether the evidence shows that one or more bylaws were breached and, if so, determine the penalty to be imposed for each contravention. Penalties may include warnings, directions to correct the breach, fines, or restricted access to facilities. If the strata council decides to proceed with enforcement, it must give the alleged offender a reasonable opportunity to respond to the complaint, including an opportunity to respond at a hearing at a strata council meeting, if requested. (Strata Property Regulation 7.2 defines hearing as “an opportunity to be heard in person at a council meeting” for the purposes of Section 135 (1) (e) of the Strata Property Act).

Notifying the Parties: After a decision is made, council must promptly send a letter to the owner and/or tenant advising them of the decision and any imposed penalties. This decision is also recorded in the meeting minutes, which are then distributed to all owners.

Note: the strata council may give the alleged rule or bylaw offender a warning at any time before proceeding with other enforcement options. Bylaws and rules are unenforceable if they contravene the Strata Property Act, the Human Rights Code or other enactment or law.

Seeking Legal Advice When Necessary

There are situations where seeking legal advice is crucial:

  • The Strata Council is unfamiliar with bylaw enforcement procedures
  • A resident disputes allegations or threatens legal action
  • Bylaw enforcement is being used for harassment
  • Bylaw breaches pose serious concerns
  • Bylaws are unclear, controversial, or possibly invalid
  • Bylaws no longer reflect the will of the ownership
  • Historically, bylaws haven’t been enforced fairly or consistently

By understanding the basics of bylaw enforcement and following the procedures outlined in the Strata Property Act, strata corporations can maintain a harmonious and well-regulated community while avoiding unnecessary legal entanglements. When in doubt, seeking legal advice can help ensure that bylaw enforcement is carried out effectively and in compliance with the law.

In conclusion, bylaw enforcement is an essential part of strata living in British Columbia. Staying informed and following the correct procedures can help maintain a fair and consistent living environment for all strata owners and tenants. So, remember the keyword ‘bylaw enforcement’ and make sure your strata corporation is on the right track!

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.

The Roles and Responsibilities of Strata Council

The Roles and Responsibilities of Strata Council

The Roles and Responsibilities of Strata Council

There are 2 basic principles to understand how the Act creates obligation and delegates authority to the strata council.

Strata Property Act Responsibilities of Strata Corporation

Part 2. 3  Except as otherwise provided in this Act, the strata corporation is responsible for managing and maintaining the common property and common assets of the strata corporation for the benefit of the owners.

Strata Property Act Strata Corporation functions through council

Part 2.4  The powers and duties of the strata corporation must be exercised and performed by a council, unless this Act, the regulations or the bylaws provide otherwise.

To grasp the intricacies of the strata council’s roles, one must first delve into the responsibilities of the strata corporation. Essentially, the strata council acts as the representative of the corporation, holding the authority delegated by the corporation. Their responsibilities encompass the execution of maintenance and repair of shared assets and facilities, addressing emergencies, upholding bylaws, overseeing financial activities, maintaining records, handling court actions and arbitration, managing forms for real estate transactions, administering service contracts, ensuring proper insurance, convening council and general meetings, and orchestrating the holistic operations of the corporation, all in alignment with the Strata Property Act.

Upon being elected, a primary consideration for the strata council is the allocation of roles among its members. Questions often arise like: Who assumes the position of president, vice president, secretary, or treasurer? Does candidate “A” fit the role of secretary, or is their gardening expertise more aligned with landscaping duties? How involved should the strata council be in supervising service contractors, especially if the strata manager already oversees this responsibility?

Moreover, if the property receives comprehensive management and has service contracts in place, what is the exact role of the strata council? Should they immerse themselves in everyday business operations? Conversely, in the absence of management, which service contracts will the strata necessitate to fulfill its commitments? It’s worth noting that the Strata Property Act (SPA) provides clear guidelines, detailing limitations, delegation terms, and ethical standards expected of strata council members.

Strata Property Act Council member’s standard of care

Part 4.31 In exercising the powers and performing the duties of the strata corporation, each council member must:
(a) act honestly and in good faith with a view to the best interests of the strata corporation, and
(b) exercise the care, diligence and skill of a reasonably prudent person in comparable circumstances

Strata Property Act Disclosure of conflict of interest

Part 4.32 A council member who has a direct or indirect interest in a contract or transaction with the strata corporation must:
(a) disclose fully and promptly to the council the nature and extent of the interest,
(b) abstain from voting on the contract or transaction, and
(c) leave the council meeting (i) while the contract or transaction is discussed, unless asked by council to be present to provide information, and (ii) while the council votes on the contract or transaction

Strata Property Act Council exercises powers and performs duties of strata corporation

Part 4 (1). 26 Subject to this Act, the regulations and the bylaws, the council must exercise the powers and perform the duties of the strata corporation, including the enforcement of bylaws and rules.

Strata Property Act Council member’s standard of care

Part 4.31 In exercising the powers and performing the duties of the strata corporation, each council member must
(a) act honestly and in good faith with a view to the best interests of the strata corporation, and
(b) exercise the care, diligence and skill of a reasonably prudent person in comparable circumstances.

In the context of strata management, it’s imperative to understand the roles and responsibilities that underpin the operations. Before arriving at any decision, both the strata council and the manager should be well-acquainted with who oversees each specified role. There are times when the strata council might take a direct, active role, whereas in other scenarios, their focus might be on disseminating information, addressing concerns, and casting votes. The onus of determining these roles rests with the strata council itself.

Through a majority vote, the strata council delineates where duties and obligations lie. While the strata council can delegate certain responsibilities to either individual members or the manager on the corporation’s behalf, it’s important to note that the ultimate accountability and liability rest with the strata council and the corporation.

For a clearer perspective, let’s delve into some typical roles associated with the strata council. These roles often demand a synergistic approach between council members and the manager. While this overview isn’t comprehensive, it aims to facilitate the strata council and manager in understanding and appropriating responsibilities.

The strata council basic obligations and duties are:

  • Calling and conducting general meetings
  • Preparing the budget and financial statements
  • Collecting strata fees and other money owed to the strata corporation
  • Obtaining adequate strata corporation insurance
  • Paying strata corporation bills
  • Keeping a list of the names of owners and tenants, and similar documents
  • Hiring and supervising employees of the strata corporation
  • Considering exempting the application of rental restriction bylaws for individual owners based on hardship
  • Enforcing the bylaws & rules & convening council meetings to conduct hearings requested under section 34 of the Act
  • Making themselves accessible by providing a telephone number or some other method of contact
  • Entering into strata corporation contracts and supervising the performance of duties under those contracts
  • Keeping all strata corporation records required by Section 35 of the Act including, depreciation reports, environmental and engineer reports, or materials related to depreciation reports

For a clear understanding of strata management, it’s essential to grasp the distinct roles and authority within the strata council. Outside of the president/vice president’s duty to oversee meetings or notify of petitioned general meetings, no individual council member possesses unique authority to represent the corporation.

Such authority can only be granted if the strata council, through a majority vote, bestows this responsibility. However, it’s crucial to note that the strata council cannot delegate tasks related to the enforcement of bylaws, rules, or to ascertain the legitimacy of hardship applications.

To further illustrate, let’s explore some examples of how the strata council might designate and allocate duties. This division of tasks aids council members in efficiently managing their work, ensuring they can effectively report and introduce topics at upcoming strata council meetings.

President/Vice President

  • Chairing meetings
  • Setting draft agendas for council meetings
  • Convening council & general meetings
  • Insurance: appraisal, review, claims
  • Handling emergencies and restoration
  • Supervising management contracts
  • Coordinating hardship applications
  • Representing the Corporation in legal actions or arbitration

    Secretary

    • Meeting minutes
    • General correspondence
    • Notice packages
    • Owners/residents list
    • Rental list
    • Suite records
    • Alteration agreements
    • Form B record information
    • Form K / Form C
    • Section 35 information requests.

      Treasurer

      • Financial reports
      • Budget monitoring and reports
      • Year-end financial statements
      • Audit reports
      • Receivables: fines, liens, orders for sale
      • Form B/f financial information
      • Section 35 financial info request
      • User fee collections and records
      • Special levies
      • Investments
      • Expenses
      • Collections
      • Refunds/surplus
      • Contingency reserve
      • Loans
      • Year-end reports
      • Final reports

        Bylaws and Rules Council Member

        • Annual reviews
        • Correspondence
        • Filing & amendments
        • Distribution of new rules/bylaws
        • Review of enforcement options
        • Review of bylaw violation notices
        • Parking plan and assignments
        • Locker plan and assignments
        • User agreements for parking and lockers

          Buildings Council Member

          • Service contracts & agreements
          • Inspections, reports, and records
          • HVAC
          • Fire & safety systems
          • Elevator
          • Security systems
          • Roofing system
          • Building envelope system
          • Long-term planning and replacements
          • Waste removal

            Landscaping Council Member

            • Pools & ponds
            • Seasonal plantings
            • Pruning & perennial planting
            • Gardener service agreement
            • Water management & irrigation
            • Decks/patios
            • Pest management
            • Composting

              At the outset of each year, it’s essential for every council to allocate time during their initial meeting to define their roles and responsibilities. This ensures that they can collaboratively and effectively engage with both each other and their property manager.

              Establishing a harmonious working relationship underpinned by a clear comprehension of roles can mitigate potential conflicts and misunderstandings. Such a proactive approach paves the way for a conducive environment that benefits both owners and residents.

              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.

              Exploring Age Restriction Bylaws

              Exploring Age Restriction Bylaws

              As strata owners, realtors, lawyers and homeowners battle the effects of escalating housing costs in British Columbia’s hyper-competitive market, one solution has come to the forefront: implementing age restriction bylaws.

              These types of restrictions can be used by both strata corporations and local governments as a tool for creating more accessible housing. However, with great power comes great responsibility – before making any decisions involving age restriction bylaws, it is important that stakeholders familiarize themselves with relevant legislation in order to ensure compliance.

              When a strata council is deciding whether to put age restriction bylaws to a ¾ vote of the owners, the strata council must consider and weigh the needs of both current and potential future residents when deciding whether to introduce age restriction bylaws. there are practical and legal considerations to take into account as well. One practical consideration is that an age restriction bylaws may impact the number of owners willing to serve as strata council members. This is because some retirement complexes have many owners who are away for the winter months. Another practical consideration is whether age restriction bylaws will increase or decrease the purchase price of the suites in the building. Conversely, in complexes with recreational facilities close by as well as access to shopping or public transport but without schools or playgrounds nearby, introducing such restrictions could prove beneficial – helping attract like-minded individuals likely seeking similar amenities from their homes.

              In assessing the impact an age restriction bylaw will have on the value of the suites, the strata council may wish to consult a realtor.

              There are legal considerations to take into account when deciding whether to put an age restriction bylaw to a ¾ vote of the owners. One legal consideration is whether an age restriction bylaw is constitutional. The Supreme Court of Canada has held that age discrimination is a reasonable and justifiable limitation on the right to freedom of association under section 2(d) of the Charter of Rights and Freedoms. This means that an age restriction bylaw is likely to be constitutional if it is reasonable and justifiable. A strata council should carefully consider whether an age restriction bylaw is reasonable and justifiable before putting it to a vote of the owners.

              Age restrictions are a common way for strata councils to manage the demographics of their buildings, but they are not without controversy. The Strata Property Act sets out a number of requirements that must be met for an age restriction bylaw to be valid. The bylaw must be reasonable and necessary to protect the legitimate interests of the strata corporation, and it must not discriminate against any person on the basis of age or any other ground prohibited by the Human Rights Code.

              Another legal consideration is whether an age restriction bylaw will contravene any provincial or federal anti-discrimination laws. For example, British Columbia’s Human Rights Code prohibits discrimination on the basis of age. This means that a strata corporation that restricts ownership or occupancy to persons over a certain age could be found to have contravened this law. Before putting an age restriction bylaw to a vote of the owners, a strata council should ensure that it does not contravene any provincial or federal anti-discrimination laws.

              If an owner challenges an age restriction bylaw in court, the judge will consider whether it meets these requirements. If the bylaw is found to be discriminatory or unreasonable, the judge may find it to be unenforceable.

              If the strata council decides that an age restriction bylaw would benefit the strata corporation, they should consult their condominium lawyer. If an owner challenges the bylaw in court, the judge will take into account whether it meets the requirements of the Strata Property Act (“Act”), the Human Rights Code and other federal and provincial legislation. If the age restriction bylaw does not meet these requirements, the judge may find the bylaw to be unenforceable.

              The Human Rights Code prohibits discrimination against persons purchasing property on the basis of marital status but not on the basis of age. This means that a person cannot be discriminated against when purchasing property based on whether they are married, single, divorced, or widowed. However, a person can be discriminated against when purchasing property based on their age. Age is defined in the Human Rights Code as an age of nineteen (19) years or more and less than sixty-five (65) years. This means that a person who is under the age of 19 years or over the age of 65 years can be discriminated against when purchasing property.

              Section 10 of the Human Rights Code lists grounds of discrimination that are prohibited when a landlord is choosing a tenant. Included in the list of prohibited grounds of discrimination is age. Therefore, a landlord cannot discriminate against tenants on the basis of age.  At first glance it appears that a strata corporation could enact an age restriction bylaw that prohibits those under the age of 19 years from residing there. However, discriminating against tenants on the basis of family status is also prohibited by section 10 of the Human Rights Code. There is no definition given in the Human Rights Code for “family status”. However, refusing to rent to parents with young children would likely be found by a judge to be discrimination on the basis of family status.

              Therefore, strata corporations who wish to enact age restriction bylaws now should consider setting the age limit at fifty-five years of age and older. Exceptions should be made for spouses and visitors. Strata corporations should not only have their age restriction bylaws drafted by a lawyer but the bylaw should be reviewed by a lawyer from time to time as judges will give more direction in the coming years about what age restrictions can be legally enforced by strata corporations.

              Even if a strata corporation has a bylaw that prohibits rentals, tenants are always a possibility because an owner must be allowed to rent his or her suite if he or she is under hardship. It may not make sense to apply an age restriction to owners that reside in the building that does not apply to tenants.

              Changes to the Strata Property Act are now in efffect.  More information via the Vancouver Island Home Owner’s Association

              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.

              The Importance of a Strata Depreciation Report

              The Importance of a Strata Depreciation Report

              A strata depreciation report is a key document for any strata corporation. It provides valuable information about the common property and assets in the strata, and helps owners to plan and pay for their upkeep and replacement. In this blog post, we’ll discuss practical tips for getting the most out of your strata depreciation report.

              What is a Strata Depreciation Report?

              A depreciation report is a document prepared by an expert that outlines the repair, replacement and renewal costs of common property and assets in a strata corporation. The report is based on an examination of the property, as well as information provided by the strata corporation.

              Why is a Strata Depreciation Report Important?

              A strata depreciation report is important because it helps strata lot owners to protect their homes and investments. The report provides valuable information to prospective purchasers, and helps the strata corporation to plan and pay for the upkeep of common property and assets.

              Without a depreciation report, stratas would have no idea how much money they need to set aside each year to fund future repairs and replacements. As a result, many stratas would find themselves unable to pay for major repairs when they become necessary, which could lead to significant financial problems down the road.

              How a Strata Depreciation Report is Prepared?

              The quality of a depreciation report relies on the expertise of the person or company preparing the report and the information provided by the strata corporation. The person or company preparing the report will first inspect the common property and assets in question. They will then use this information to estimate how much it would cost to repair or replace each item if it was damaged beyond repair or reached the end of its useful life.

              Once this information has been gathered, it is compiled into a report which is then presented to the strata council. The strata council will use this information to develop a long-term financial plan to fund major repairs and replacements when they become necessary.

              What are the Strata Depreciation Report Requirements?

              Under the Strata Property Act and regulations in British Columbia, strata corporations with five or more lots must obtain depreciation reports. This includes bare land subdivision as well other kinds of property governed by this act. Every three years they will be required to update their last report. Strata corporations may waive the requirement to obtain a depreciation report, or defer a renewal, by passing an annual 3/4 vote. The strata corporation has six months to obtain a strata depreciation report if an annual 3/4 vote to waive the requirement is not passed.

              As per Strata Property Regulation 6.2, a depreciation report must have certain content, including Physical Component Inventory and Evaluation, a Financial Forecasting section and depreciation reports must also include a summary of the repair and maintenance work for common expenses that occur less often than once year (i.e. contingency reserve fund expenses), the date of the report as well as any other appropriate information or analysis that the strata corporation or the person providing the depreciation report considers appropriate.

              How to Get the Most Out of  Your Strata Depreciation Report.

              The Strata Property Act and regulations do not designate which professions can prepare depreciation reports. Stratas can obtain depreciation reports from a variety of professionals. There are a few things you can do to make sure you’re getting the most out of your depreciation report:

              • Make sure you hire a reputable expert to prepare the report. The quality of the depreciation report relies on the expertise of the person or company preparing the report.
              • Make sure you provide accurate information to the person preparing the report. The depreciation report is only as accurate as the information provided by the strata corporation.
              • Review the depreciation report carefully and make sure you understand it before making any decisions about repairs, replacements or renewals.
              • Use the depreciation report as a starting point for planning and budgeting for future repairs, replacements or renewals.
              • Keep in mind that the strata depreciation report is a snapshot in time, and things may have changed since it was prepared. Be sure to keep it up to date so that it accurately reflects the current state of affairs.

              A strata depreciation report is an important tool for any strata corporation. It helps owners to protect their homes and investments, provides valuable information to prospective purchasers, and helps the strata corporation to plan and pay for future repairs, replacements and renewals. By following these practical tips, you can make sure you’re getting the most out of your depreciation report.

              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

              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.

              B.C. Strata Property Act – Section 35

              B.C. Strata Property Act – Section 35

              The Strata Property Act requires transparency on the part of a strata corporation. This transparency is an important part of the democratic governance system create by the legislation. Under section 35 of the Strata Property Act, a strata corporation must prepare and maintain the following records:

              STRATA PROPERTY ACT [SBC 1998] CHAPTER 43 Part 4 — Strata Corporation Governance Division 1 — The Council

              Section 35 (1)

              The strata corporation must prepare all of the following records:

              (a) minutes of annual and special general meetings and council meetings, including the results of any votes;

              (b) a list of council members;

              (c) a list of

              (i) 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,

              (ii) names and addresses of mortgagees who have filed a Mortgagee’s Request for Notification under section 60,

              (iii) names of tenants, and

              (iv) assignments of voting or other rights by landlords to tenants under sections 147 and 148;

              (d) books of account showing money received and spent and the reason for the receipt or expenditure;

              (e) any other records required by the regulations.

              (2) The strata corporation must retain copies of all of the following:

              (a) the records referred to in subsection (1);

              (b) the registered strata plan and any strata plan amendments as obtained from the land title office;

              (c) this Act and the regulations;

              (d) the bylaws and rules;

              (e) resolutions that deal with changes to common property, including the designation of limited common property;

              (f) waivers and consents under section 41, 44 or 45;

              (g) written contracts to which the strata corporation is a party;

              (h) any decision of an arbitrator or judge, or of the civil resolution tribunal, in a proceeding in which the strata corporation was a party, and any legal opinions obtained by the strata corporation;

              (i) the budget and financial statement for the current year and for previous years;

              (j) income tax returns, if any;

              (k) correspondence sent or received by the strata corporation and council;

              (l) bank statements, cancelled cheques and certificates of deposit;

              (m) Information Certificates issued under section 59;

              (n) the records and documents referred to in section 20 or 23 obtained by the strata corporation;

              (n.1) any depreciation reports obtained by the strata corporation under section 94;

              (n.2) 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;

              (n.3) any electrical planning reports obtained by the strata corporation under section 94.1;

              (n.4) any reports obtained by the strata corporation respecting the installation or operation of EV charging infrastructure or the management of electricity used by EV charging infrastructure;

              (o) any other records required by the regulations.

              (3) Records referred to in this section must be retained by the strata corporation for the periods set out in the regulations.

              Source: https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/98043_04

              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.