Definitions and interpretation

1   (1) In this Act:

"3/4 vote" means a vote in favour of a resolution by at least 3/4 of the votes cast by eligible voters who are present in person or by proxy at the time the vote is taken and who have not abstained from voting;

"80% vote" means a vote in favour of a resolution by at least 80% of the votes of all the eligible voters;

"approving officer" means an appropriate approving officer appointed under the Land Title Act;

"assessed value" means the value assessed under the Assessment Act;

"bare land strata plan" means

(a) a strata plan on which the boundaries of the strata lots are defined on a horizontal plane by reference to survey markers and not by reference to the floors, walls or ceilings of a building, or

(b) any other strata plan defined by regulation to be a bare land strata plan;

"bylaw" means a bylaw of a strata corporation;

"civil resolution tribunal" means the Civil Resolution Tribunal established under the Civil Resolution Tribunal Act;

"common asset" means

(a) personal property held by or on behalf of a strata corporation, and

(b) land held in the name of or on behalf of a strata corporation, that is

(i) not shown on the strata plan, or

(ii) shown as a strata lot on the strata plan;

"common expenses" means expenses

(a) relating to the common property and common assets of the strata corporation, or

(b) required to meet any other purpose or obligation of the strata corporation;

"common property" means

(a) that part of the land and buildings shown on a strata plan that is not part of a strata lot, and

(b) pipes, wires, cables, chutes, ducts and other facilities for the passage or provision of water, sewage, drainage, gas, oil, electricity, telephone, radio, television, garbage, heating and cooling systems, or other similar services, if they are located

(i) within a floor, wall or ceiling that forms a boundary

(A) between a strata lot and another strata lot,

(B) between a strata lot and the common property, or

(C) between a strata lot or common property and another parcel of land, or

(ii) wholly or partially within a strata lot, if they are capable of being and intended to be used in connection with the enjoyment of another strata lot or the common property;

"contingency reserve fund" means a fund for common expenses, as set out in section 92 (b);

"convey" and "conveyance", when referring to the conveyance of a strata lot to a purchaser, means any of the following in respect of which an application to the land title office has been made to register:

(a) a transfer of a freehold estate in the strata lot;

(b) an agreement for sale of the strata lot;

(c) an assignment of a purchaser's interest in an agreement for sale of the strata lot;

(d) an assignment of a strata lot lease in a leasehold strata plan;

"electric vehicle" means a motor vehicle that is a plug-in hybrid or fully electric;

"eligible voters" means persons who may vote under sections 53 to 58;

"EV charging infrastructure" means equipment that is capable of supplying electricity to charge the battery of an electric vehicle;

"judgment" means a judgment of a court, and includes costs awarded in respect of the judgment;

"landlord" means an owner who rents a strata lot to a tenant and a tenant who rents a strata lot to a subtenant, but does not include a leasehold landlord in a leasehold strata plan as defined in section 199;

"limited common property" means common property designated for the exclusive use of the owners of one or more strata lots;

"majority vote" means a vote in favour of a resolution by more than 1/2 of the votes cast by eligible voters who are present in person or by proxy at the time the vote is taken and who have not abstained from voting;

"motor vehicle" means a motor vehicle within the meaning of the Motor Vehicle Act, but does not include a motor vehicle in a prescribed class of motor vehicles;

"occupant" means a person, other than an owner or tenant, who occupies a strata lot;

"operating fund" means a fund for common expenses, as set out in section 92 (a);

"owner" means a person, including an owner developer, who is

(a) a person shown in the register of a land title office as the owner of a freehold estate in a strata lot, whether entitled to it in the person's own right or in a representative capacity, or

(b) if the strata lot is in a leasehold strata plan, as defined in section 199, a leasehold tenant as defined in that section,

unless there is

(c) a registered agreement for sale, in which case it means the registered holder of the last registered agreement for sale, or

(d) a registered life estate, in which case it means the tenant for life;

"owner developer" means

(a) a person

(i) who, on the date that application is made to the registrar for deposit of the strata plan, is registered in the land title office as

(A) the owner of the freehold estate in the land shown on the strata plan, or

(B) in the case of a leasehold strata plan as defined in section 199, the lessee of the ground lease of the land, or

(ii) who acquires all the strata lots in a strata plan from the person referred to in subparagraph (i), and

(b) a person who acquires all of the interest of a person who is an owner developer under paragraph (a) in more than 50% of the strata lots in a strata plan;

"phased strata plan" means a strata plan that is deposited in successive phases under Part 13;

"purchaser" means a person, other than an owner developer, who enters into an agreement to purchase a strata lot or to acquire a strata lot lease in a leasehold strata plan as defined in section 199, but to whom the strata lot or strata lot lease has not yet been conveyed or assigned;

"registrar" means a registrar of titles as defined in the Land Title Act, and includes a deputy registrar or acting registrar under that Act;

"regulations" means regulations made by the Lieutenant Governor in Council under section 292;

"residential strata lot" means a strata lot designed or intended to be used primarily as a residence;

"rule" means a rule of a strata corporation made under section 125 or 197;

"section", when used in reference to a strata corporation, means a section of the strata corporation created under section 192 or 193;

"Standard Bylaws" means the bylaws set out in the Schedule of Standard Bylaws;

"strata corporation" means a strata corporation established under section 2;

"strata lot" means a lot shown on a strata plan;

"sue" means the act of bringing any kind of court proceeding;

"suit" means any kind of court proceeding;

"superintendent" means the Superintendent of Real Estate appointed under section 2.1 (1) of the Real Estate Services Act;

"Supreme Court" means the Supreme Court of British Columbia;

"tenant" means a person who rents all or part of a strata lot, and includes a subtenant but does not include a leasehold tenant in a leasehold strata plan as defined in section 199 or a tenant for life under a registered life estate;

"tribunal proceeding" means a tribunal proceeding under the Civil Resolution Tribunal Act;

"unanimous vote" means a vote in favour of a resolution by all the votes of all the eligible voters;

"unit entitlement" of a strata lot means the number indicated in the Schedule of Unit Entitlement established under section 246, that is used in calculations to determine the strata lot's share of

(a) the common property and common assets, and

(b) the common expenses and liabilities of the strata corporation;

"winding-up resolution" means a resolution referred to in

(a) section 272 (1) [vote to cancel strata plan and become tenants in common], or

(b) section 277 (1) [appointment of liquidator].

(2) A word or expression in this Act has the meaning given to it in the Land Title Act, unless it is defined in this Act or the context requires otherwise.

Establishment of strata corporation

2   (1) From the time the strata plan is deposited in a land title office,

(a) a strata corporation is established, and

(b) the owners of the strata lots in the strata plan are members of the strata corporation under the name "The Owners, Strata Plan [the registration number of the strata plan]".

(2) Subject to any limitation under this Act, a strata corporation has the power and capacity of a natural person of full capacity.

Responsibilities of strata corporation

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 corporation functions through council

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.

Owner developer's control of strata corporation

5   (1) The owner developer must exercise the powers and perform the duties of a council from the time the strata corporation is established until a council is elected at the strata corporation's first annual general meeting.

(2) In exercising the powers and performing the duties of a council, the owner developer need not comply with bylaw requirements respecting the constitution of the council or the holding or conduct of council meetings.

Owner developer's standard of care

6   (1) In exercising the powers and performing the duties of a council, the owner developer 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.

(2) Without limiting subsection (1), the owner developer must make reasonable efforts to pursue any remedies under warranties in existence with respect to the construction of the common property and common assets.

(3) Sections 32 and 33 do not apply to an owner developer exercising the powers and performing the duties of the council, as long as the owner developer complies with subsection (1) of this section.

Owner developer to pay expenses

7   The owner developer must pay the actual expenses of the strata corporation that accrue in the period up to the last day of the month in which the first conveyance of a strata lot to a purchaser occurs.

Passing resolutions before first conveyance

8   Before the first conveyance of a strata lot to a purchaser, the owner developer may pass any resolution of the strata corporation permitted or required by this Act or the regulations, including a resolution to amend the strata corporation's bylaws under section 127, without holding a special general meeting.

Owner developer may be restricted

9   In exercising the powers and performing the duties of a council after the first conveyance of a strata lot to a purchaser, the owner developer is subject to a direction or restriction under section 27 as if the owner developer were a council.

Restriction on contracting powers

10   In the period after the first conveyance of a strata lot to a purchaser but before the first annual general meeting, no contract or transaction may be entered into by or on behalf of the strata corporation with either the owner developer or a person who is not at arm's length to the owner developer, unless the contract or transaction is approved by a resolution passed by a unanimous vote at a special general meeting.

Passing resolutions after first conveyance

11   In the period after the first conveyance of a strata lot to a purchaser but before the first annual general meeting, the strata corporation may pass a resolution requiring a 3/4 vote as follows:

(a) for a resolution to amend the bylaws under section 127 (2) or (4) (b), the resolution may be passed in accordance with section 127 (2) or (4) (b), as applicable;

(b) [Repealed 2022-41-6.]

(c) for any other resolution requiring a 3/4 vote, the resolution must be passed by a unanimous vote at a special general meeting.

Owner developer to establish contingency reserve fund

12   (1) At the time of the first conveyance of a strata lot to a purchaser, the owner developer must establish a contingency reserve fund by paying into the fund an amount calculated according to this section.

(2) If the first conveyance of a strata lot to a purchaser occurs no later than one year after the deposit of the strata plan, the minimum contribution to the fund must be the prescribed percentage of the estimated operating expenses as set out in the interim budget referred to in section 13.

(3) If the first conveyance of a strata lot to a purchaser occurs later than one year after the deposit of the strata plan, the minimum contribution to the fund must be the lesser of

(a) the prescribed percentage of the estimated annual operating expenses as set out in the interim budget referred to in section 13 multiplied by the number of years or partial years since the deposit of the strata plan, and

(b) the prescribed percentage of the estimated annual operating expenses as set out in the interim budget referred to in section 13.

(4) The owner developer must not use money in the contingency reserve fund to pay strata corporation expenses.

(5) The contingency reserve fund belongs to the strata corporation.

Interim budget following first conveyance

13   (1) The owner developer must

(a) prepare an interim budget for the strata corporation for the 12 month period beginning the first day of the month following the month in which the first conveyance of a strata lot to a purchaser occurs, and

(b) deliver a copy of the interim budget to each prospective purchaser of a strata lot before the prospective purchaser signs an agreement of purchase and sale.

(2) The interim budget must include

(a) the estimated operating expenses of the strata corporation for the 12 month period,

(b) the contribution to the contingency reserve fund for the 12 month period, which must be at least the prescribed percentage of the estimated operating expenses, and

(c) each strata lot's monthly share of the estimated operating expenses and contribution to the contingency reserve fund, calculated in accordance with section 99.

Payments during period of interim budget

14   (1) The strata corporation must pay the expenses that accrue in the period beginning the first day of the month following the month in which the first conveyance of a strata lot to a purchaser occurs until the date the first annual budget takes effect.

(2) During the period referred to in subsection (1), the owners must pay to the strata corporation, each month, their monthly share of the estimated operating expenses of the strata corporation and contribution to the contingency reserve fund as set out in the interim budget.

(3) The strata corporation must not use money in the contingency reserve fund to pay expenses that accrue before the owners approve the first annual budget.

(4) Subject to subsection (5), if the expenses accrued by the strata corporation, for the period referred to in subsection (1), are greater than the operating expenses estimated in the interim budget for that period, the owner developer must pay the difference to the strata corporation within 8 weeks after the first annual general meeting.

(5) If the accrued expenses referred to in subsection (4) are 10% or more greater than the operating expenses estimated in the interim budget for that period, the owner developer must include in the payment referred to in subsection (4) an additional amount calculated according to the regulations.

(6) If the expenses accrued by the strata corporation, for the period referred to in subsection (1), are less than the operating expenses estimated in the interim budget for that period, the strata corporation must refund the difference to the owners in amounts proportional to their contributions.

(7) Despite subsection (6), if no owner is entitled to receive more than $100 in total under subsection (6), the strata corporation may deposit the difference in the contingency reserve fund.

(8) If no budget is approved at the first annual general meeting, the period referred to in subsections (4), (5) and (6) ends at the first annual general meeting.

Minimum period of insurance coverage

15   The owner developer must ensure that the term of any insurance policy entered into by or on behalf of the strata corporation continues for at least 4 weeks after the first annual general meeting.

First annual general meeting to be held by owner developer

16   (1) The owner developer must hold the first annual general meeting during the 6 week period that begins on the earlier of

(a) the date on which 50% plus one of the strata lots have been conveyed to purchasers, and

(b) the date that is 9 months after the date of the first conveyance of a strata lot to a purchaser.

(2) The owner developer must give notice of the meeting in accordance with section 45 and must include with the notice the budget and financial statement referred to in section 21.

Owners may hold first annual general meeting

17   If the owner developer does not hold the first annual general meeting as required by section 16,

(a) an owner may hold the first annual general meeting after giving notice in accordance with section 45 to the persons referred to in section 45 and to the owner developer, and

(b) the owner developer must pay to the strata corporation an amount calculated according to the regulations.

Money owed by owner developer

18   Amounts payable by the owner developer under sections 14 (4) and (5) and 17 (b) are money owing to the strata corporation, and sections 112 to 118 apply.

Chair of first annual general meeting

19   The chair of the first annual general meeting is

(a) the owner developer acting personally or through an agent, or

(b) if the owner developer or the agent is unwilling or unable to act as chair, an individual elected by eligible voters who are present in person or by proxy at the meeting.

Business at first annual general meeting

20   (1) At the first annual general meeting, the eligible voters must elect a council, for a term of one year, in accordance with section 25.

(2) At the first annual general meeting, the owner developer must

(a) place before the meeting and give the strata corporation copies of all of the following:

(i) all plans 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;

(ii) any document in the owner developer's possession that indicates the actual location of a pipe, wire, cable, chute, duct or other facility for the passage or provision of systems or services, if the owner developer has reason to believe that the pipe, wire, cable, chute, duct or other facility is not located as shown on a plan or plan amendment filed with the issuer of the building permit;

(iii) all contracts entered into by or on behalf of the strata corporation;

(iv) any disclosure statement required by the Real Estate Development Marketing Act;

(v) the registered strata plan as obtained from the land title office;

(vi) names and addresses of all contractors, subcontractors and persons who supplied labour or materials to the project, as required by the regulations;

(vii) all warranties, manuals, schematic drawings, operating instructions, service guides, manufacturers' documentation and other similar information respecting the construction, installation, operation, maintenance, repair and servicing of any common property or common assets, including any warranty information provided to the owner developer by a person referred to in paragraph (vi);

(viii) all records required to be prepared or retained by the strata corporation under section 35;

(ix) any other records required by the regulations, and

(b) place an annual budget, prepared in accordance with section 21, before the meeting for approval.

(3) If the owner developer contravenes subsection (2) (a) and the strata corporation must pay money to obtain a document referred to in that provision, the amount of the payment is money owing to the strata corporation by the owner developer, and sections 112 to 118 apply.

First annual budget requirements

21   (1) The first annual budget must be for the 12 month period beginning on the first day of the month following the date of the first annual general meeting.

(2) The first annual budget must be distributed with the notice of the first annual general meeting under section 45 and must be accompanied by a financial statement.

(3) The budget and financial statement

(a) must contain the information required by the regulations, and

(b) may be in the form set out in the regulations.

(4) Approval of the first annual budget must be by a resolution passed by a majority vote.

(5) The proposed budget may be amended by a majority vote at the first annual general meeting before the budget itself is put to a vote.

(6) Within 8 weeks after the first annual general meeting, the owner developer must give the strata corporation a financial statement updated to

(a) the date the first annual budget takes effect, or

(b) if no budget is approved at the first annual general meeting, the date of the first annual general meeting.

Transfer to council

22   Within one week after the first annual general meeting, the owner developer must

(a) transfer control of the strata corporation's money to the newly elected council, and

(b) deliver to the newly elected council any keys, garage door openers or other means of access that the owner developer possesses for the purposes of exercising the powers and performing the duties of the council.

Access to owner developer's financial records

23   (1) For 2 years following the transfer of control referred to in section 22, the owner developer must keep all financial records that relate to the strata corporation's finances during the period before the transfer of control.

(2) During the 2 years that the owner developer keeps the financial records,

(a) the owner developer must, at the request of the strata corporation, make them available for inspection free of charge by the strata corporation, and

(b) the strata corporation may, at its expense, copy or audit them.

Strata management contracts

24   (1) A contract entered into before the first annual general meeting by or on behalf of the strata corporation for the provision of strata management services to the strata corporation ends, regardless of any provision of the contract to the contrary, on the earlier of

(a) the date that is 4 weeks after the date of the second annual general meeting,

(b) the termination date contained in the contract or agreed to by the parties, and

(c) the cancellation date established in accordance with section 39.

(2) The strata corporation may, by a resolution passed by a majority vote at the second annual general meeting, continue a contract which would otherwise end under subsection (1) (a).

(3) A resolution under subsection (2) does not require notice under section 45 (3).

Election of council

25   At each annual general meeting the eligible voters who are present in person or by proxy at the meeting must elect a council.

Council exercises powers and performs duties of strata corporation

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.

Control of council

27   (1) The strata corporation may direct or restrict the council in its exercise of powers and performance of duties by a resolution passed by a majority vote at an annual or special general meeting.

(2) The strata corporation may not direct or restrict the council under subsection (1) if the direction or restriction

(a) is contrary to this Act, the regulations or the bylaws, or

(b) interferes with the council's discretion to determine, based on the facts of a particular case,

(i) whether a person has contravened a bylaw or rule,

(ii) whether a person should be fined, and the amount of the fine,

(iii) whether a person should be denied access to a recreational facility, or

(iv) whether a person should be required under section 133 (2) to pay the reasonable costs of remedying a contravention of the bylaws or rules.

(v) [Repealed 2022-41-8.]

Eligibility for council

28   (1) The only persons who may be council members are the following:

(a) owners;

(b) individuals representing corporate owners;

(c) tenants who, under section 147 or 148, have been assigned a landlord's right to stand for council.

(2) Despite subsection (1), the strata corporation may, by a bylaw passed at an annual or special general meeting held after the first annual general meeting, allow classes of persons, other than those referred to in subsection (1), to be council members.

(3) Despite this section, a strata corporation may, by bylaw, provide that no person may stand for council or continue to be on council with respect to a strata lot if the strata corporation is entitled to register a lien against that strata lot under section 116 (1).

Membership on council

29   (1) The number of persons on council is determined by the bylaws.

(2) If a strata lot is owned by more than one person, only one owner of the strata lot may be a council member at any one time with respect to that lot, unless all the owners are on the council.

(3) If a strata lot is owned by a corporation, only one representative of the corporation may be a council member at any one time with respect to that lot.

(4) If all the owners are on the council, each strata lot has one vote at council meetings.

Contracts not invalidated

30   (1) The validity of a contract made or a certificate issued by the strata corporation is not affected by

(a) a defect in the appointment or election of the council member or officer who makes the contract or signs the certificate on behalf of the strata corporation, or

(b) a limitation on the authority of the council member or officer to act on behalf of the strata corporation.

(2) A person who knew or ought reasonably to have known of the defect or limitation at the time the person made a contract with or received a certificate from the strata corporation may not rely on subsection (1) to bind the strata corporation with respect to the contract or certificate.

Council member's standard of care

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.

Disclosure of conflict of interest

32   A council member who has a direct or indirect interest in

(a) a contract or transaction with the strata corporation, or

(b) a matter that is or is to be the subject of consideration by the council, if that interest could result in the creation of a duty or interest that materially conflicts with that council member's duty or interest as a council member,

must

(c) disclose fully and promptly to the council the nature and extent of the interest,

(d) abstain from voting on the contract, transaction or matter, and

(e) leave the council meeting

(i) while the contract, transaction or matter is discussed, unless asked by council to be present to provide information, and

(ii) while the council votes on the contract, transaction or matter.

Accountability

33   (1) If a council member who has an interest in a contract or transaction fails to comply with section 32, the strata corporation or an owner may apply for an order under subsection (3) of this section to a court having jurisdiction unless, after full disclosure of the nature and extent of the council member's interest in the contract or transaction, the contract or transaction is ratified by a resolution passed by a 3/4 vote at an annual or special general meeting.

(2) For the purposes of the 3/4 vote referred to in subsection (1), a person who has an interest in the contract or transaction is not an eligible voter.

(3) If, on application under subsection (1), the court finds that the contract or transaction was unreasonable or unfair to the strata corporation at the time it was entered into, the court may do one or more of the following:

(a) set aside the contract or transaction if no significant injustice will be caused to third parties;

(b) if the council member has not acted honestly and in good faith, require the council member to compensate the strata corporation or any other person for a loss arising from the contract or transaction, or from the setting aside of the contract or transaction;

(c) require the council member to pay to the strata corporation any profit the council member makes as a consequence of the contract or transaction.

Approval of council member remuneration

34   Any remuneration paid to a member of council for the member's exercise of council powers or performance of council duties must be approved in advance of payment

(a) in the budget,

(b) in the bylaws, or

(c) by a resolution passed by a 3/4 vote at an annual or special general meeting.

Request for council hearing

34.1   (1) By application in writing stating the reason for the request, an owner or tenant may request a hearing at a council meeting.

(2) If a hearing is requested under subsection (1), the council must hold a council meeting to hear the applicant within 4 weeks after the request.

(3) If the purpose of the hearing is to seek a decision of the council, the council must give the applicant a written decision within one week after the hearing.

Strata corporation records

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.

Access to records

36   (1) On receiving a request, the strata corporation must make the records and documents referred to in section 35 available for inspection by, and provide copies of them to,

(a) an owner,

(b) a tenant who, under section 147 or 148, has been assigned a landlord's right to inspect and obtain copies of records and documents, or

(c) a person authorized in writing by an owner or tenant referred to in paragraph (a) or (b).

(1.1) On receiving a request from a former owner, from a former tenant referred to in subsection (1) (b) or from a person authorized in writing by the former owner or former tenant, the strata corporation must, with respect to records and documents referred to in section 35 that, whenever created, relate to the period during which the former owner or former tenant was an owner or tenant, make those records and documents available for inspection by, and provide copies of them to, the former owner, former tenant or person authorized in writing, as the case may be.

(2) On receiving the request of a tenant, or a person authorized in writing by a tenant, the strata corporation must

(a) make the bylaws and rules available for inspection, and

(b) provide copies of the bylaws and rules.

(3) The strata corporation must comply with a request under subsection (1), (1.1) or (2) within 2 weeks unless the request is in respect of bylaws or rules, in which case the strata corporation must comply with the request within one week.

(4) The strata corporation may charge a fee for a copy of a record or document provided under this section of not more than the amount set out in the regulations and may refuse to supply the copy until the fee is paid.

Strata manager to return records

37   (1) If a strata management contract ends, the person providing the strata management services must, within 4 weeks, give the strata corporation any records referred to in section 35 that are in the person's possession or control.

(2) A person who fails to comply with subsection (1) must pay to the strata corporation an amount calculated according to the regulations.

Capacity to enter contracts and join organizations

38   In addition to its capacities under any other enactment, a strata corporation has the capacity

(a) to enter into contracts in respect of its powers and duties under this Act and the bylaws, and

(b) to join organizations to further its purposes under this Act and the bylaws.

Cancellation of strata management contracts

39   (1) A contract entered into by or on behalf of the strata corporation for the provision of strata management services to the strata corporation may be cancelled, without liability or penalty, despite any provision of the contract to the contrary,

(a) by the strata corporation on 2 months' notice if the cancellation is first approved by a resolution passed by a 3/4 vote at an annual or special general meeting, or

(b) by the other party to the contract on 2 months' notice.

(2) The strata corporation does not need any prior approval to cancel the contract in accordance with its terms or to refuse to renew the contract when it expires.

Annual general meeting

40   (1) The strata corporation must hold annual general meetings except as provided under section 41.

(2) An annual general meeting must be held no later than 2 months after the strata corporation's fiscal year end.

Waiver of annual general meeting

41   (1) The strata corporation does not have to hold an annual general meeting if, before the last date by which the meeting must be held, all eligible voters waive, in writing, the holding of the meeting and consent, in writing, to resolutions that

(a) approve the budget for the coming fiscal year,

(b) elect a council by acclamation, and

(c) deal with any other business.

(2) If 2 or more persons share one vote with respect to a strata lot, all of them must consent to the waiver of the meeting and to the resolutions under subsection (1).

Special general meeting called by strata corporation

42   The strata corporation may hold a special general meeting at any time after giving notice in accordance with section 45.

Special general meeting called by voters

43   (1) Persons holding at least 20% of the strata corporation's votes may, by written demand, require that the strata corporation hold a special general meeting to consider a resolution or other matter specified in the demand.

(2) The demand must be signed by each of the persons making it.

(3) Subject to subsection (3.1) and section 44, the strata corporation must hold the special general meeting within 4 weeks after the demand is given to the strata corporation.

(3.1) If the demand requires the strata corporation to hold a special general meeting to consider a winding-up resolution, the strata corporation must hold the meeting within 8 weeks after the demand is given to the strata corporation.

(4) The president of the council may call the special general meeting without holding a council meeting.

(5) At the special general meeting, the resolution or any other matter specified in the demand is the first item on the agenda and must be dealt with before consideration of any other matter about which notice has been given.

(6) If a special general meeting is not held within the time period set out in subsection (3) or (3.1), as applicable, the persons making the demand may themselves hold a special general meeting by complying with the provisions of this Act, the regulations and the bylaws respecting the calling and holding of special general meetings.

Waiver of special general meeting

44   (1) The strata corporation does not have to hold a special general meeting to consider a resolution if all eligible voters waive, in writing, the holding of the meeting and consent, in writing, to the resolution.

(2) If 2 or more persons share one vote with respect to a strata lot, all of them must consent to the waiver of the meeting and to the resolution under subsection (1).

Notice requirements for annual or special general meeting

45   (1) Subject to subsection (1.1), the strata corporation must give at least 2 weeks' written notice of an annual or special general meeting to all of the following:

(a) every owner, whether or not a notice must also be sent to the owner's mortgagee or tenant;

(b) every mortgagee who has given the strata corporation a Mortgagee's Request for Notification under section 60;

(c) every tenant who has been assigned a landlord's right to vote under section 147 or 148, if the strata corporation has received notice of the assignment.

(1.1) The strata corporation must give at least 4 weeks' written notice under subsection (1) of an annual or special general meeting at which a winding-up resolution will be considered.

(2) Subject to subsection (2.1), a person who has a right to be notified under this section may, in writing, waive the right and may, in writing, revoke a waiver.

(2.1) A waiver under subsection (2) has no effect in relation to the right to be notified of an annual or special general meeting at which a winding-up resolution will be considered.

(3) Notice of an annual or special general meeting must include the following:

(a) a description of the matters that will be voted on at the meeting, including the proposed wording of any resolution requiring a 3/4 vote, 80% vote or unanimous vote;

(b) the date, time and, if applicable, place of the meeting;

(c) if attendance by telephone or other electronic means will be permitted, instructions for attending the meeting by electronic means.

(4) If the meeting is an annual general meeting, the notice must include the budget and financial statement referred to in section 103.

(5) A vote at an annual or special general meeting may proceed despite the lack of notice as required by this section, if all persons entitled to receive notice waive, in writing, their right to notice.

(6) If 2 or more persons share one vote with respect to a strata lot, all of them must consent to the waiver of notice under subsection (5).

Agenda and resolutions at an annual or special general meeting

46   (1) Subject to subsection (2), the council determines the agenda of an annual or special general meeting.

(2) Persons holding at least 20% of the strata corporation's votes may, by written demand, propose a resolution or raise a matter specified in the demand.

(3) A resolution or matter raised under subsection (2) must be included

(a) in the notice given under section 45 (3) about the next annual or special general meeting of the strata corporation, and

(b) on the agenda of that meeting.

(4) Subsection (3) does not apply to a special general meeting held under section 43 (6).

Failure to give proper notice of meeting

47   Failure to give proper notice of an annual or special general meeting to a person entitled to receive notice under section 45 does not invalidate a vote taken at the meeting as long as the strata corporation made a reasonable attempt to give the notice in accordance with that section.

Quorum for annual or special general meeting

48   (1) Business must not be conducted at an annual or special general meeting unless a quorum is present.

(2) Subject to the bylaws, a quorum for an annual or special general meeting is

(a) eligible voters holding 1/3 of the strata corporation's votes, present in person or by proxy, or

(b) if there are fewer than 4 strata lots or fewer than 4 owners, eligible voters holding 2/3 of the strata corporation's votes, present in person or by proxy.

(3) Unless otherwise provided in the bylaws, if within 1/2 hour from the time appointed for an annual or special general meeting a quorum is not present, the meeting stands adjourned to the same day in the next week at the same time and, if applicable, place, but if on the day to which the meeting is adjourned a quorum described in subsection (2) is not present within 1/2 hour from the time appointed for the meeting, the eligible voters present in person or by proxy constitute a quorum.

Electronic attendance at annual and special general meetings

49   (1) If the requirements of subsection (2) are met, a strata corporation may provide for attendance and voting by telephone or other electronic means at an annual or special general meeting of the strata corporation.

(2) The requirements for the purposes of subsection (1) are as follows:

(a) the notice given under section 45 must include instructions for attending the meeting by electronic means;

(b) the electronic means must enable all persons attending the meeting to communicate with each other;

(c) the electronic means must enable the chair of the meeting to identify whether a person attending by electronic means is an eligible voter.

(3) Despite the bylaws of a strata corporation,

(a) a voting card is not required to be issued to an eligible voter attending an annual or special general meeting by electronic means, and

(b) an eligible voter attending an annual or special general meeting by electronic means is not entitled or required to vote by secret ballot.

(4) A person who attends an annual or special general meeting as provided for under subsection (1) is deemed to be present in person at the meeting.

Voting at annual or special general meetings

50   (1) At an annual or special general meeting, matters are decided by majority vote unless a different voting threshold is required or permitted by the Act or the regulations.

(2) Despite section 45 (3), during an annual or special general meeting amendments may be made to the proposed wording of a resolution requiring a 3/4 vote if the amendments

(a) do not substantially change the resolution, and

(b) are approved by a 3/4 vote before the vote on the resolution.

Reconsideration of resolution passed by 3/4 vote

51   (1) This section applies only if a resolution required to be passed by a 3/4 vote is passed at an annual or special general meeting by persons holding less than 50% of the strata corporation's votes.

(2) The strata corporation must not take any action to implement a resolution referred to in subsection (1) for one week following the vote unless there are reasonable grounds to believe that immediate action is necessary to ensure safety or prevent significant loss or damage.

(3) Within the one week following the vote, persons holding at least 25% of the strata corporation's votes may, by written demand, require that the strata corporation hold a special general meeting to reconsider the resolution.

(4) The demand must be signed by each person making it.

(5) After receiving a demand for a special general meeting under subsection (3), the strata corporation must not take any action to implement the resolution unless there are reasonable grounds to believe that immediate action is necessary to ensure safety or prevent significant loss or damage.

(6) The strata corporation must hold the special general meeting within 4 weeks after the demand is given to the strata corporation.

(7) The president of the council may call the special general meeting without holding a council meeting.

(8) At the special general meeting, the resolution to be reconsidered is the first item on the agenda and must be dealt with before consideration of any other matter about which notice has been given.

(9) Despite any other provision of this Act, the regulations or the bylaws, if a quorum is not present within 1/2 hour of the start of the special general meeting, the meeting must not proceed.

(10) The resolution stands and may be implemented only if one of the following conditions is met:

(a) a demand for reconsideration is not made under this section;

(b) the resolution is approved by a 3/4 vote at the special general meeting held under this section;

(c) the meeting held under this section does not proceed for lack of a quorum as set out in subsection (9).

(11) The resolution may be presented for reconsideration under this section only once.

Unanimous votes

52   (1) This section applies only to strata corporations comprised of 10 or more strata lots.

(2) If a resolution required to be passed by a unanimous vote under this Act is supported by all of the strata corporation's votes except for

(a) the vote in respect of one strata lot, in a strata corporation comprised of at least 10 strata lots, or

(b) the votes in respect of more than one strata lot, if those votes together represent less than 5% of the strata corporation's votes,

the strata corporation may, by a resolution passed by a 3/4 vote at an annual or special general meeting, apply to the Supreme Court for an order under subsection (3).

(3) On application under subsection (2), the court may, if satisfied that the passage of the resolution is in the best interests of the strata corporation and would not unfairly prejudice the dissenting voter or voters, make an order providing that the vote proceed as if the dissenting voter or voters had no vote.

(4) In making an order under subsection (3), the court may make any other order it considers just, including an order that the strata corporation offer to purchase a strata lot owned by a dissenting voter at its fair market value or that the strata corporation otherwise compensate a dissenting voter.

Number of votes per strata lot

53   (1) At an annual or special general meeting each strata lot has one vote unless different voting rights are set out in a Schedule of Voting Rights in the prescribed form in accordance with section 247, 248 or 264.

(2) Despite subsection (1), a strata corporation may, by bylaw, provide that the vote for a strata lot may not be exercised, except on matters requiring an 80% vote or unanimous vote, if the strata corporation is entitled to register a lien against that strata lot under section 116 (1).

(3) If, in accordance with a bylaw passed under subsection (2), a vote for a strata lot may not be exercised, the strata lot's vote must not be considered for the purposes of determining a quorum in accordance with section 48 or for the purposes of sections 43 (1), 46 (2) and 51 (3).

(4) Despite subsection (1), if there is a tie vote at an annual or special general meeting, the president, or, if the president is absent or unable or unwilling to vote, the vice president, may, if the bylaws so provide, break the tie by casting a second, deciding vote.

Voters

54   (1) The following persons may vote at an annual or special general meeting:

(a) an owner, unless a tenant or mortgagee has the right to vote under paragraph (b) or (c);

(b) a tenant who has been assigned a landlord's right to vote under section 147 or 148, unless a mortgagee has the right to vote under paragraph (c);

(c) a mortgagee of a strata lot, but only in respect of insurance, maintenance, finance or other matters affecting the security for the mortgage and only if

(i) the mortgage gives the mortgagee the right to vote, and

(ii) at least 3 days before the meeting the mortgagee has given to the strata corporation, the owner and the tenant referred to in paragraph (b), if any, written notice of the mortgagee's intention to vote.

(2) Despite subsection (1) and any assignment or other disposition of a right to vote to a mortgagee of a strata lot,

(a) the mortgagee may not vote on a winding-up resolution, and

(b) the owner of the strata lot may vote on the winding-up resolution unless a tenant has the right to vote under subsection (1) (b).

Special voters

55   (1) If a person who may vote under section 54 is under 16 years of age, the person's right to vote may be exercised only by the person's parent or guardian.

(2) If a person who may vote under section 54 lacks the capacity to make a decision for a reason other than being under 16 years of age, the person's right to vote may be exercised only by someone who is legally authorized to act for the person with respect to the strata lot.

Proxies

56   (1) A person who may vote under section 54 or 55 may vote in person or by proxy.

(2) A document appointing a proxy

(a) must be in writing and be signed by the person appointing the proxy,

(b) may be either general or for a specific meeting or a specific resolution, and

(c) may be revoked at any time.

(3) The following persons may be proxies:

(a) only if permitted by regulation and subject to prescribed restrictions, an employee of the strata corporation;

(b) only if permitted by regulation and subject to prescribed restrictions, a person who provides strata management services to the strata corporation;

(c) subject to the regulations, any other person.

(4) A proxy stands in the place of the person appointing the proxy, and can do anything that person can do, including vote, propose and second motions and participate in the discussion, unless limited in the appointment document.

Shared vote

57   (1) If 2 or more persons share one vote with respect to a strata lot, only one of them may vote on any given matter.

(2) If the chair is advised before or during a vote that the 2 or more persons who share the one vote disagree on how their vote should be cast on a matter, the chair must not count their vote in respect of that matter.

Court appointed voter

58   (1) If there is no person to vote in respect of a strata lot, an owner, the strata corporation or an interested person may apply to the Supreme Court for an order under subsection (2).

(2) On application under subsection (1), the court may make an order declaring that there is no person to vote in respect of the strata lot, and appointing the Public Guardian and Trustee or any other person to vote in respect of the strata lot.

(3) If the application concerns a matter that requires an 80% vote or unanimous vote and the court is satisfied that there is no person to vote in respect of a strata lot, the court must make an order under subsection (2).

(4) The court may make any order it considers advisable, including an order respecting the payment of fees, to give effect to an appointment of the Public Guardian and Trustee or other person.

(5) The court may vary an order made under this section.

Information Certificate

59   (1) Within one week of a request by an owner, a purchaser or a person authorized by an owner or purchaser, the strata corporation must give to the person making the request an Information Certificate in the prescribed form.

(2) The certificate must contain the information required by subsection (3), as of the date of the certificate.

(3) The certificate must disclose all of the following in respect of the strata corporation and the strata lot for which the request is made:

(a) the monthly strata fees payable by the owner;

(b) any amount that the owner owes the strata corporation, other than an amount paid into court or to the strata corporation in trust under section 114;

(c) any agreements under which the owner takes responsibility for expenses relating to alterations to a strata lot, the common property or the common assets;

(d) any amount that the owner is obligated to pay in the future for a special levy that has already been approved and the date by which the payment is to be made;

(e) any amount by which the expenses of the strata corporation for the current fiscal year are expected to exceed the expenses budgeted for the fiscal year;

(f) the amount in the contingency reserve fund minus any expenditures which have already been approved but not yet taken from the fund;

(g) any amendments to the bylaws that are not yet filed in the land title office;

(h) any resolution passed by a 3/4 vote or unanimous vote that is required to be filed in the land title office but that has not yet been filed in the land title office;

(h.1) any winding-up resolution that has been passed;

(i) any notice that has been given for a resolution that has not been voted on, if the resolution requires a 3/4 vote, 80% vote or unanimous vote or deals with an amendment to the bylaws;

(j) any court proceeding, arbitration or tribunal proceeding in which the strata corporation is a party and any judgments or orders against the strata corporation;

(k) any notices or work orders received by the strata corporation that remain outstanding for the strata lot, the common property or the common assets;

(l) [Repealed 2022-41-12.]

(l.1) which parking stalls and storage lockers, if any, have been allocated to the strata lot;

(l.2) a summary of the strata corporation's insurance coverage;

(m) any other information required by the regulations.

(4) Copies of all of the following must be attached to the certificate:

(a) the rules of the strata corporation;

(b) the current budget of the strata corporation;

(c) [Repealed 2022-41-12.]

(d) the most recent depreciation report, if any, obtained by the strata corporation under section 94.

(5) The information in subsection (3) disclosed in a certificate is binding on the strata corporation in its dealings with a person who relied on the certificate and acted reasonably in doing so.

(5.1) Despite subsection (5), information in subsection (3) (l.2) disclosed in a certificate is not binding on the strata corporation if the disclosed information is obtained from the strata corporation's insurer, as defined in section 1 (1) of the Financial Institutions Act, or insurance agent, as defined in section 168 of that Act.

(6) On application by the strata corporation, by an owner or by a person who is affected by a certificate, the Supreme Court may make any order it considers just in the circumstances to give effect to or relieve the strata corporation from some or all of the consequences of an inaccurate certificate.

(7) The strata corporation may charge, to the person requesting the certificate, a fee for the certificate of not more than the amount set out in the regulations and may refuse to issue the certificate until the fee is paid.

Notice to mortgagee

60   A mortgagee of a strata lot who wishes to receive notices of annual or special general meetings under section 45 and notices of money owing under section 113 must give a Mortgagee's Request for Notification in the prescribed form to the strata corporation.

Notice given by strata corporation

61   (1) A notice or other record or document that the strata corporation is required or permitted to give to a person under this Act, the bylaws or the rules must be given to the person,

(a) if the person has provided the strata corporation with an address outside the strata plan for receiving notices and other records or documents,

(i) by leaving it with the person, or

(ii) by mailing it to the address provided, or

(b) if the person has not provided the strata corporation with an address outside the strata plan for receiving notices and other records or documents,

(i) by leaving it with the person,

(ii) by leaving it with an adult occupant of the person's strata lot,

(iii) by putting it under the door of the person's strata lot,

(iv) by mailing it to the person at the address of the strata lot,

(v) by putting it through a mail slot or in a mailbox used by the person for receiving mail,

(vi) by faxing it to a fax number provided by the person, or

(vii) by emailing it to an email address provided by the person for the purpose of receiving the notice, record or document.

(2) The notice, record or document may be addressed to the person by name, or to the person as owner or tenant.

(3) A notice or other record or document that is given to a person under subsection (1) (a) (ii) or (b) (ii) to (vii) is conclusively deemed to have been given 4 days after it is left with an adult occupant, put under the door, mailed, put through the mail slot or in the mailbox, faxed or emailed.

Address of strata corporation

62   (1) The strata corporation must ensure that the correct mailing address for the strata corporation is filed in the land title office.

(2) The address may be accompanied by a fax number.

(3) If a strata corporation changes its mailing address, it must file a Strata Corporation Change of Mailing Address in the prescribed form in the land title office.

Notice given to strata corporation

63   (1) 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, or

(d) by putting it through the mail slot, or in the mailbox, used by the strata corporation for receiving notices, records and documents.

(2) A notice or other record or document that is given to the strata corporation under subsection (1) (b) to (d) is conclusively deemed to be given 4 days after it is mailed, faxed, emailed or put through the mail slot or in the mailbox.

Legal service on strata corporation

64   Despite section 63 but subject to another enactment or a court order, service on a strata corporation of a notice of a proceeding in any court may only be effected by

(a) personal service on a council member, or

(b) mailing it, by registered mail, to the strata corporation at its most recent mailing address on file in the land title office.

Informing resident owners and tenants

65   For the purposes of sections 98 (6), 106, 108 (4), 125 (4), 128 (4) and 167, and any regulations that require the strata corporation to inform owners or tenants of certain matters, the strata corporation may, instead of giving notice under section 61, inform resident owners and tenants by one or more of the following methods or by any other method:

(a) leaving a document containing the information at a location designated by the strata corporation for the distribution of such information;

(b) posting a document containing the information in a part of the common property designated by the strata corporation for the posting of such information.

Ownership of property

66   An owner owns the common property and common assets of the strata corporation as a tenant in common in a share equal to the unit entitlement of the owner's strata lot divided by the total unit entitlement of all the strata lots.

Assessment and taxation

67   For the purposes of assessment and taxation, each strata lot, together with the owner's share in the common property and other taxable common assets of the strata corporation, is a separate parcel of land.

Strata lot boundaries

68   (1) Unless otherwise shown on the strata plan, if a strata lot is separated from another strata lot, the common property or another parcel of land by a wall, floor or ceiling, the boundary of the strata lot is midway between the surface of the structural portion of the wall, floor or ceiling that faces the strata lot and the surface of the structural portion of the wall, floor or ceiling that faces the other strata lot, the common property or the other parcel of land.

(2) If a strata lot is not separated from another strata lot, the common property or another parcel of land by a wall, floor or ceiling, the boundary of the strata lot is as shown on the strata plan.

(3) A boundary shown on the strata plan must be shown in a manner approved by the registrar.

(4) Despite subsections (1) to (3), but subject to the regulations, in the case of a bare land strata plan, the boundaries must be shown on the strata plan

(a) by reference to survey markers, and

(b) in compliance with rules, if any, made under section 75 of the Land Surveyors Act for the purposes of this section.

Implied easements

69   (1) There exists an easement in favour of each strata lot in the strata plan and the owner of each strata lot

(a) for the strata lot's vertical and sideways support by the common property and by every other strata lot capable of providing support,

(b) for the passage or provision of water, sewage, drainage, gas, oil, electricity, garbage, heating and cooling systems and other services, including telephone, radio and television, through or by means of any pipes, wires, cables, chutes, ducts or other facilities existing in the common property or another strata lot to the extent those systems or services are capable of being, and intended to be, used in connection with the enjoyment of the strata lot, and

(c) for shelter of the strata lot by every part of a building that is shown on the strata plan as part of the common property or another strata lot and that is capable of providing shelter.

(2) There exists an easement in favour of the common property and the owners of the common property

(a) for the common property's vertical and sideways support by every strata lot capable of providing support,

(b) for the passage or provision of the services and facilities described in subsection (1) (b) existing in a strata lot to the extent those systems or services are capable of being, and intended to be, used in connection with the enjoyment of the common property, and

(c) for shelter of the common property by every part of a building that is shown on the strata plan as part of a strata lot and that is capable of providing shelter.

(3) The easements referred to in subsections (1) and (2)

(a) exist without registration in a land title office,

(b) charge and burden that part of the common property capable of providing support or shelter to a strata lot,

(c) charge and burden each strata lot capable of providing support or shelter to another strata lot or to the common property,

(d) charge and burden each strata lot and that part of the common property in which any part of the services and facilities described in subsections (1) (b) and (2) (b) are located, and

(e) include all of the rights and obligations needed to give effect to and enforce them, including a right of entry to inspect, maintain, repair and replace the shelter, support, services and facilities described in subsections (1) and (2).

(4) The easements referred to in subsections (1) and (2) may be enforced by the strata corporation on its own behalf or on behalf of one or more owners to the same extent as if the strata corporation were the owner of a strata lot or the common property that benefits from the easement.

(5) The easements referred to in subsections (1) (c) and (2) (c) do not apply to strata lots in a bare land strata plan.

Changes to strata lot

70   (1) An owner or owners may, with the prior written approval of the strata corporation, remove all or part of a wall that is a common boundary between

(a) adjoining strata lots, or

(b) strata lots that have been consolidated into a single strata lot.

(2) The strata corporation must approve the proposed removal under subsection (1) unless the removal

(a) fails to comply with

(i) a building regulation within the meaning of the Building Act,

(ii) any applicable municipal or regional district bylaws,

(iii) any applicable Nisg̱a'a Government laws, or

(iv) any applicable standard established by a treaty first nation in accordance with an agreement described in section 6 of the Building Act, or

(b) interferes with the provision of utilities or other services to any other strata lot or to the common property.

(3) The owner or owners must give copies of any required building permits to the strata corporation when seeking its approval under subsection (1).

(4) Subject to the regulations, if an owner wishes to increase or decrease the habitable part of the area of a residential strata lot, by making a nonhabitable part of the strata lot habitable or by making a habitable part of the strata lot nonhabitable, and the unit entitlement of the strata lot is calculated on the basis of habitable area in accordance with section 246 (3) (a) (i) or on the basis of square footage in accordance with section 1 of the Condominium Act, R.S.B.C. 1996, c. 64, the owner must

(a) seek an amendment to the Schedule of Unit Entitlement under section 261, and

(b) obtain the unanimous vote referred to in section 261 before making the change.

Change in use of common property

71   Subject to the regulations, the strata corporation must not make a significant change in the use or appearance of common property or land that is a common asset unless

(a) there are reasonable grounds to believe that immediate change is necessary to ensure safety or prevent significant loss or damage, or

(b) the change is approved by a resolution passed at an annual or special general meeting

(i) by a majority vote, in the case of a change that is related to the installation of EV charging infrastructure or the management of electricity used by EV charging infrastructure, or

(ii) by a 3/4 vote, in the case of any other change.

Repair of property

72   (1) Subject to subsection (2), the strata corporation must repair and maintain common property and common assets.

(2) The strata corporation may, by bylaw, make an owner responsible for the repair and maintenance of

(a) limited common property that the owner has a right to use, or

(b) common property other than limited common property only if identified in the regulations and subject to prescribed restrictions.

(3) The strata corporation may, by bylaw, take responsibility for the repair and maintenance of specified portions of a strata lot.

Designation of limited common property

73   Common property may be designated as limited common property

(a) by the owner developer

(i) by a designation on the strata plan when it is deposited in the land title office, or

(ii) by a plan amendment under section 258,

(b) by an amendment to the strata plan under section 257, or

(c) by a resolution passed at an annual or special general meeting under section 74.

Designation of limited common property by 3/4 vote

74   (1) Common property may be designated as limited common property by a resolution passed by a 3/4 vote at an annual or special general meeting.

(2) A resolution passed under subsection (1) must be filed in the land title office with a sketch plan that

(a) satisfies the registrar,

(b) defines the areas of limited common property, and

(c) specifies each strata lot whose owners are entitled to the exclusive use of the limited common property.

(3) A resolution passed under subsection (1) does not have effect until it is filed in the land title office.

(4) The designation of limited common property by a resolution under this section does not require an amendment to the strata plan.

Removal of designation of limited common property

75   (1) If a designation of common property as limited common property was made

(a) by the owner developer at the time the strata plan was deposited or by a plan amendment by the owner developer under section 258, or

(b) by an amendment to the strata plan under section 257,

the designation may only be removed by amending the plan under section 257.

(2) If a designation of common property as limited common property was made by a resolution passed by a 3/4 vote under section 74, it may only be removed by a resolution passed by a 3/4 vote at an annual or special general meeting.

(3) A resolution passed under subsection (2) does not have effect until it is filed in the land title office.

(4) The removal of a designation of limited common property by a resolution under subsection (2) does not require an amendment to the strata plan.

Permission or privilege — exclusive use

76   (1) Subject to section 71, the strata corporation may give an owner or tenant permission to exclusively use, or a special privilege in relation to, common assets or common property that is not designated as limited common property.

(2) A permission or privilege under subsection (1) may be

(a) made subject to conditions, and

(b) given for a period of not more than

(i) one year, or

(ii) in the case of a permission or privilege given in relation to a parking stall in a prescribed class of parking stalls, any longer period set out in the regulations.

(3) The strata corporation may renew the permission or privilege and on renewal may change the period or conditions.

(4) The permission or privilege given under subsection (1) may be cancelled by the strata corporation giving the owner or tenant reasonable notice of the cancellation.

Access to common property by strata corporation

77   An owner who has the right to use common property, including limited common property, or common assets must allow the strata corporation reasonable access to the common property or common assets to exercise its powers and perform its duties.

Acquisition of land by strata corporation

78   (1) Before the strata corporation acquires land, the acquisition must be approved by a resolution passed by a 3/4 vote at an annual or special general meeting.

(2) Land must not be registered at a land title office in the name of the strata corporation unless the document transferring the interest in the land to the strata corporation is accompanied by a Certificate of Strata Corporation in the prescribed form, stating that

(a) the resolution referred to in subsection (1) has been passed, and

(b) the document conforms to the resolution.

(3) The strata corporation may, without prior approval,

(a) accept a grant of an easement or restrictive covenant benefiting land in the strata plan, or

(b) accept a discharge of an easement burdening land in the strata plan.

Disposal of land held in strata corporation's name

79   To sell, lease, mortgage, grant an easement over, grant a restrictive covenant affecting or otherwise dispose of land that is a common asset, the strata corporation must proceed as follows:

(a) a resolution approving the disposition must be passed by a 3/4 vote at an annual or special general meeting;

(b) any document needed to effect the disposition must be executed by the strata corporation and delivered to the land title office accompanied by a Certificate of Strata Corporation in the prescribed form, stating that the resolution referred to in paragraph (a) has been passed and that the document conforms to the resolution.

Disposal of common property

80   (1) To dispose of common property in a way set out in section 253 (1), the strata corporation must ensure that the requirements of Part 7 of the Land Title Act are met.

(2) To dispose of common property in a way not set out in section 253 (1), the strata corporation must ensure that the following requirements are met:

(a) a resolution approving the disposition must be passed by a 3/4 vote at an annual or special general meeting;

(b) holders of financial charges noted on the common property record must consent in writing to the proposed disposition unless in the registrar's opinion the interests of the persons who have not consented in writing are not adversely affected by the disposition;

(c) any document needed to effect the disposition must be executed by the strata corporation and delivered to the land title office accompanied by

(i) a Certificate of Strata Corporation in the prescribed form, stating that the resolution referred to in paragraph (a) has been passed and that the document conforms to the resolution, and

(ii) the written consents referred to in paragraph (b).

(3) For the purpose of determining what consents are required under subsection (2) (b) from holders of financial charges, section 97 (3) to (8) of the Land Title Act applies to the disposition of common property.

Strata corporation must not mortgage common property

81   The strata corporation must not mortgage common property.

Acquisition and disposal of personal property by strata corporation

82   (1) The strata corporation may acquire personal property

(a) for the use of the strata corporation, and

(b) for the purposes of making an alteration referred to in Division 6.

(2) The strata corporation may sell, lease, mortgage or otherwise dispose of personal property.

(3) The strata corporation must obtain prior approval by a resolution passed at an annual or special general meeting of an acquisition or disposal of personal property if the personal property has a market value of more than

(a) an amount set out in the bylaws, or

(b) $1 000, if the bylaws are silent as to the amount.

(3.1) The resolution referred to in subsection (3) must be passed

(a) by a majority vote, in the case of personal property acquired or disposed of for a purpose related to

(i) the installation, operation, maintenance or repair of EV charging infrastructure, or

(ii) the management of electricity used by EV charging infrastructure, or

(b) by a 3/4 vote, in the case of personal property acquired or disposed of for any other purpose.

(4) This section does not apply to the acquisition or disposal of an investment instrument referred to in section 95 (2).

Work order against strata corporation property

83   The strata corporation must comply with a requirement to do work on or to

(a) common property, or

(b) land that is a common asset

if the work is required by a notice or order of a public or local authority which is authorized by law to require the work, and the notice or order is given to the strata corporation.

Work order against strata lot

84   (1) Except as provided in section 46 of the Fire Safety Act, a strata corporation that receives a notice or order requiring work to be done on or to a strata lot, from a public or local authority authorized by law to require the work, must promptly give the notice or order to the owner of the strata lot.

(2) An owner who receives a notice or order requiring work to be done on or to the owner's strata lot, from a public or local authority authorized by law to require the work or from the strata corporation under subsection (1), must do the work.

Owner's failure to comply with work order

85   (1) If an owner, after receiving the notice or order under section 84, fails to do the required work, the strata corporation may do the required work.

(2) If the owner appeals the work order and advises the strata corporation in writing of the appeal, the strata corporation must wait for the results of the appeal.

(3) Except in an emergency, the strata corporation must notify the owner in writing of its intention to do the work at least one week before starting the work.

(4) The owner must reimburse the strata corporation for any money the strata corporation spends doing work on or to the strata lot under this section.

Builders Lien Act applies

86   Except as provided in sections 87 to 90 of this Act, the Builders Lien Act applies to land in a strata plan.

Builders liens against strata lots in phased strata plans

87   Despite any other enactment, in a phased strata plan a claim of lien under the Builders Lien Act may be filed against only the strata lots in the phase in which the materials were supplied or the work was done.

Builders lien after purchase from owner developer

88   (1) Despite any other Act or agreement to the contrary, if an owner developer conveys a strata lot to a purchaser, a claim of lien under the Builders Lien Act filed against the strata lot, or against the strata lot's share in the common property, must be filed before the earlier of

(a) the date on which the time for filing a claim of lien under the Builders Lien Act expires, and

(b) the date which is 45 days after the date the strata lot is conveyed to the purchaser.

(2) Despite any other Act or agreement to the contrary, a purchaser of a strata lot from an owner developer must retain a holdback of an amount set out in the regulations until the earlier of

(a) the date on which the time for filing a claim of lien under the Builders Lien Act expires, and

(b) the date which is 55 days after the date the strata lot is conveyed to the purchaser.

(3) The holdback is subject to a lien under the Builders Lien Act.

(4) The purchaser must release the holdback to the owner developer at the end of the holdback period provided for in subsection (2) unless in the meantime a claim of lien has been filed, or proceedings have been commenced, to enforce a lien against the holdback.

Removal of claim of lien after purchase from owner developer

89   (1) If one or more claims of lien under the Builders Lien Act are filed against a strata lot purchased from an owner developer, the purchaser or, if the strata lot is conveyed to the purchaser and the purchaser becomes the owner of the strata lot, that owner may apply to the Supreme Court for an order for permission to pay into the court the lesser of

(a) the total amount of the claims of lien filed, and

(b) the full amount of the holdback under section 88 (2).

(2) Payment into the court discharges the lien and releases the purchaser or, if the strata lot is conveyed to the purchaser and the purchaser becomes the owner of the strata lot, that owner from liability to the owner developer or the lien claimant for the liens.

(3) The order under subsection (1) must provide that the claims of lien be removed from the title to the strata lot.

(4) The money paid into the court is security for the liens in place of the strata lot.

(5) If the full amount of the holdback has not been paid into the court, the purchaser or, if the strata lot is conveyed to the purchaser and the purchaser becomes the owner of the strata lot, that owner must release the balance of the holdback to the owner developer.

Removal of liens and other charges

90   (1) An owner may apply to the Supreme Court to remove a claim of lien under the Builders Lien Act or other registered charge that charges more than one strata lot from the title to the owner's strata lot.

(2) The court may order the claim of lien or other charge removed from the title to the owner's strata lot on payment into the court of the strata lot's share of the amount secured by the claim of lien or other charge.

(3) Payment into the court releases the owner from liability to the lien claimant or other charge holder for the amount secured by the claim of lien or other charge.

(4) The strata lot's share of the amount secured by the claim of lien or other charge is calculated as set out in section 166 as if the amount of the claim of lien or other charge were a judgment.

(5) The money paid into the court is security for the lien or other charge in place of the strata lot.

Owner request for approval of alterations

90.1   (1) An owner may request that the strata corporation approve proposed alterations to common property, or to land that is a common asset, that are necessary for the purposes of installing EV charging infrastructure for use at a parking stall.

(2) A request under subsection (1) must

(a) include the prescribed information, if any,

(b) be made on or after the date determined in accordance with the regulations, and

(c) comply with any other requirements set out in the regulations.

Consideration of owner request by strata corporation

90.2   (1) The strata corporation may approve an owner's request made under section 90.1 if

(a) the proposed alteration, to the extent that it constitutes a significant change in the use or appearance of common property or land that is a common asset, has been approved by a resolution in accordance with section 71 (b), and

(b) the strata corporation is satisfied that all of the criteria set out in subsection (2) are met.

(2) The criteria referred to in subsection (1) (b) are as follows:

(a) the proposed EV charging infrastructure is in a prescribed class of EV charging infrastructure;

(b) if the parking stall is common property or located on land that is a common asset, at the time the request is made, the owner has a right, permission or privilege to use the parking stall to the exclusion of other owners;

(c) any prescribed criteria.

(3) Without limiting the strata corporation's discretion under subsection (1), in deciding whether to approve an owner's request, the strata corporation may consider the following matters:

(a) the compatibility of the proposed EV charging infrastructure with

(i) existing EV charging infrastructure in the strata corporation,

(ii) other EV charging infrastructure that may be installed by the strata corporation or another owner, and

(iii) any system the strata corporation uses, or plans to use, to manage electricity used by EV charging infrastructure;

(b) the capacity of, and current and anticipated demands on, the strata corporation's electrical system;

(c) any prescribed matters.

(4) The strata corporation must not unreasonably refuse to approve an owner's request made under section 90.1.

(5) The strata corporation may require the owner to agree in writing to reasonable conditions of an approval, including, without limitation, conditions requiring the owner to

(a) obtain the strata corporation's approval of EV charging infrastructure, contractors, materials or other matters related to the alteration,

(b) modify or replace the proposed EV charging infrastructure in the event that the strata corporation installs other EV charging infrastructure for the benefit of the owners, or

(c) if more than one owner makes the request, accept joint and several liability for expenses associated with making the alteration or for other costs.

(6) The strata corporation must decide whether to approve an owner's request within the prescribed period, if any, after receiving the request.

If owner request approved

90.3   (1) If, on request of an owner under section 90.1, the strata corporation approves a proposed alteration to common property or land that is a common asset,

(a) the strata corporation may

(i) make the alteration, or

(ii) allow the owner to make the alteration, and

(b) the owner is responsible for any expenses associated with making the alteration, unless otherwise agreed between the owner and the strata corporation.

(2) If the strata corporation makes the alteration, the owner must, unless otherwise agreed between the owner and the strata corporation, do the following:

(a) before the strata corporation makes the alteration, pay to the strata corporation an amount that, in the opinion of the strata corporation, is sufficient to cover all expenses associated with making the alteration;

(b) if the amount referred to in paragraph (a) is insufficient to cover all expenses associated with making the alteration, pay to the strata corporation on request any amounts required to cover the remaining expenses.

(3) If the amount paid by an owner to the strata corporation under subsection (2) (a) or (b) exceeds the amount required to cover expenses associated with making the alteration, the strata corporation must pay the excess amount to the owner.

(4) For certainty, the installation of EV charging infrastructure as a result of an alteration made at an owner's request under this Division does not affect any person's rights, permissions or privileges in relation to the use of a parking stall.

Strata corporation responsible for common expenses

91   The strata corporation is responsible for the common expenses of the strata corporation.

Operating fund and contingency reserve fund

92   To meet its expenses the strata corporation must establish, and the owners must contribute, by means of strata fees, to

(a) an operating fund for common expenses that

(i) usually occur either once a year or more often than once a year,

(ii) are necessary to obtain a depreciation report under section 94, or

(iii) are necessary to obtain an electrical planning report under section 94.1, and

(b) a contingency reserve fund for common expenses that usually occur less often than once a year or that do not usually occur.

Minimum and maximum contributions to contingency reserve fund

93   Subject to the requirements set out in the regulations, the strata corporation must determine the amount of the annual contribution to the contingency reserve fund.

Depreciation report

94   (1) In this section, "qualified person" has the meaning set out in the regulations.

(2) Subject to the regulations, a strata corporation must obtain from a qualified person, on or before the dates determined in accordance with the regulations, a depreciation report estimating the repair and replacement cost for major items in the strata corporation and the expected life of those items.

(3) [Repealed 2020-16-4.]

(4) A depreciation report referred to in subsection (2) must contain the information set out in the regulations.

Electrical planning report

94.1   (1) In this section, "qualified person" has the meaning set out in the regulations.

(2) Subject to the regulations, a strata corporation must obtain from a qualified person, on or before the dates determined in accordance with the regulations, an electrical planning report.

(3) An electrical planning report referred to in subsection (2) must contain the information set out in the regulations.

Management of contingency reserve fund

95   (1) The strata corporation must account for money in the contingency reserve fund separately from other money of the strata corporation.

(2) The strata corporation must invest all of the money in the contingency reserve fund in one or the other or a combination of the following:

(a) those investments permitted by the regulations;

(b) insured accounts with savings institutions in British Columbia.

(3) Any interest or income earned on the money in the contingency reserve fund becomes part of the fund.

(4) Despite subsection (2), the strata corporation may lend money in the contingency reserve fund to the operating fund as permitted by the regulations.

Expenditures from contingency reserve fund

96   The strata corporation must not spend money from the contingency reserve fund unless the expenditure is

(a) consistent with the purposes of the fund as set out in section 92 (b), and

(b) approved or authorized as follows:

(i) the expenditure is first approved by a resolution passed by

(A) a majority vote at an annual or special general meeting if the expenditure is

(I) necessary to obtain a depreciation report under section 94,

(II) related to the repair, maintenance or replacement recommended in the most current depreciation report obtained under section 94 of common property, common assets or the portions of a strata lot for which the strata corporation has taken responsibility under section 72 (3),

(III) related to the installation of EV charging infrastructure or the management of electricity used by EV charging infrastructure,

(IV) necessary to obtain an electrical planning report under section 94.1, or

(V) necessary to obtain any other report respecting the installation or operation of EV charging infrastructure or the management of electricity used by EV charging infrastructure, or

(B) a 3/4 vote at an annual or special general meeting if the expenditure is not described in clause (A) (I) to (V);

(ii) the expenditure is authorized under section 98.

Expenditures from operating fund

97   The strata corporation must not spend money from the operating fund unless the expenditure is

(a) consistent with the purposes of the fund as set out in section 92 (a), and

(b) first approved by a resolution passed by a 3/4 vote at an annual or special general meeting, or authorized

(i) in the budget, or

(ii) under section 98 or 104 (3).

Unapproved expenditures

98   (1) If a proposed expenditure has not been put forward for approval in the budget or at an annual or special general meeting, the strata corporation may only make the expenditure in accordance with this section.

(2) Subject to subsection (3), the expenditure may be made out of the operating fund if the expenditure, together with all other unapproved expenditures, whether of the same type or not, that were made under this subsection in the same fiscal year, is

(a) less than the amount set out in the bylaws, or

(b) if the bylaws are silent as to the amount, less than $2 000 or 5% of the total contribution to the operating fund for the current year, whichever is less.

(3) The expenditure may be made out of the operating fund or contingency reserve fund if there are reasonable grounds to believe that an immediate expenditure is necessary to ensure safety or prevent significant loss or damage, whether physical or otherwise.

(3.1) For the purposes of subsection (3), the prevention of significant loss includes, without limitation, the obtaining and maintaining by the strata corporation of insurance that is required under section 149 or 150 or the strata corporation's bylaws.

(4) A bylaw setting out an amount for the purposes of subsection (2) (a) may set out further conditions for, or limitations on, any expenditures under that provision.

(5) Any expenditure under subsection (3) must not exceed the minimum amount needed to ensure safety or prevent significant loss or damage.

(6) The strata corporation must inform owners as soon as feasible about any expenditure made under subsection (3).

Calculating strata fees

99   (1) Subject to section 100, owners must contribute to the strata corporation their strata lots' shares of the total contributions budgeted for the operating fund and contingency reserve fund by means of strata fees calculated in accordance with this section and the regulations.

(2) Subject to the regulations, the strata fees for a strata lot's share of the contribution to the operating fund and contingency reserve fund are calculated as follows:

Change to basis for calculation of contribution

100   (1) At an annual or special general meeting held after the first annual general meeting, the strata corporation may, by a resolution passed by a unanimous vote, agree to use one or more different formulas, other than the formulas set out in section 99 and the regulations, for the calculation of a strata lot's share of the contribution to the operating fund and contingency reserve fund.

(2) An agreement under subsection (1) may be revoked or changed by a resolution passed by a unanimous vote at an annual or special general meeting.

(3) A resolution passed under subsection (1) or (2) has no effect until it is filed in the land title office, with a Certificate of Strata Corporation in the prescribed form stating that the resolution has been passed by a unanimous vote.

No return of contributions on sale of strata lot

101   On the sale of a strata lot, the seller is not entitled to a return of contributions to the contingency reserve fund.

Change of fiscal year end

102   (1) The strata corporation may, by a resolution passed by a 3/4 vote at an annual or special general meeting held after the first annual general meeting, change the dates of its fiscal year, and as a result may have a budget for

(a) a period of more than 12 months, but less than 18 months, or

(b) a period of less than 12 months, but more than 6 months.

(2) If a change to the dates of a strata corporation's fiscal year results in a period not covered by a budget, section 104 (2) and (3) applies.

Budget requirements

103   (1) The strata corporation must prepare a budget for the coming fiscal year for approval by a resolution to be passed by a majority vote at each annual general meeting.

(2) The proposed budget must be distributed with the notice of the annual general meeting under section 45 and must be accompanied by a financial statement.

(3) The budget and financial statement

(a) must contain the information required by the regulations, and

(b) may be in the form set out in the regulations.

(4) The proposed budget may be amended by a majority vote at the annual general meeting before the budget itself is put to a vote.

Failure to approve budget

104   (1) If a budget is not approved at an annual general meeting, the strata corporation must within 30 days, or such longer period as approved by a resolution passed by a 3/4 vote at the meeting, prepare a new budget and place it before a special general meeting for approval by a resolution passed by a majority vote.

(2) If a fiscal year to which a budget relates ends before a new budget is approved, the owners must, until the new budget is approved, continue to pay to the strata corporation the same monthly strata fees that they were required to pay under the previous budget.

(3) Until a new budget is approved, the strata corporation may spend money out of the operating fund only in accordance with section 98 or

(a) on the type of expenses that are set out in the previous budget and that usually occur once a year or more often than once a year, and

(b) up to the maximum amount set out in the previous budget for each category of expense.

Budget surpluses and deficits

105   (1) Subject to section 14, contributions to the operating fund which are not required to meet operating expenses accruing during the fiscal year to which the budget relates must be dealt with in one or more of the following ways, unless the strata corporation determines otherwise by a resolution passed by a 3/4 vote at an annual or special general meeting:

(a) transferred into the contingency reserve fund;

(b) carried forward as part of the operating fund, as a surplus;

(c) used to reduce the total contribution to the next fiscal year's operating fund.

(2) If operating expenses exceed the total contribution to the operating fund, the deficit must be eliminated during the next fiscal year.

Informing owners of strata fees

106   Within 2 weeks following the annual or special general meeting at which a budget is passed, the strata corporation must inform owners of any changes to their strata fees resulting from the new budget.

Payment of strata fees

107   (1) A bylaw that establishes a schedule for the payment of strata fees may set out a rate of interest, not to exceed the rate set out in the regulations, to be paid if an owner is late in paying the owner's strata fees under that schedule.

(2) The interest payable on a late payment of strata fees in accordance with a bylaw referred to in subsection (1) is not a fine, and forms part of the strata fees for the purposes of section 116.

Special levy

108   (1) The strata corporation may raise money from the owners by means of a special levy.

(2) The strata corporation must calculate each strata lot's share of a special levy

(a) in accordance with section 99, 100 or 195, in which case the levy must be approved by a resolution passed by a 3/4 vote at an annual or special general meeting, or

(b) in another way that establishes a fair division of expenses for that particular levy, in which case the levy must be approved by a resolution passed by a unanimous vote at an annual or special general meeting.

(3) The resolution to approve a special levy must set out all of the following:

(a) the purpose of the levy;

(b) the total amount of the levy;

(c) the method used to determine each strata lot's share of the levy;

(d) the amount of each strata lot's share of the levy;

(e) the date by which the levy is to be paid or, if the levy is payable in instalments, the dates by which the instalments are to be paid.

(4) The strata corporation must

(a) account for the money collected separately from other money of the strata corporation,

(b) invest all of the money collected in one or both of the following:

(i) investments permitted by the regulations;

(ii) insured accounts with savings institutions in British Columbia,

(c) use the money collected for the purpose set out in the resolution, and

(d) inform owners about the expenditure of the money collected.

(4.1) A strata corporation may, by bylaw or by a resolution approving a special levy, establish a rate of interest, not to exceed the rate set out in the regulations, to be paid if an owner is late in paying the owner's strata lot's share of the special levy.

(4.2) The interest payable on a late payment of a special levy in accordance with a bylaw or resolution referred to in subsection (4.1) is not a fine, and forms part of the special levy for the purposes of section 116.

(5) If the money collected exceeds the amount required, or for any other reason is not fully used for the purpose set out in the resolution, the strata corporation must pay to each owner of a strata lot the portion of the unused amount of the special levy that is proportional to the contribution made to the special levy in respect of that strata lot.

(6) Despite subsection (5), if no owner is entitled to receive more than $100 in total under subsection (5), the strata corporation may deposit the excess in the contingency reserve fund.

(7) In subsections (4) and (5), "money collected" means the money collected on a special levy and includes any interest or income earned on that money.

Payment of special levy when strata lot sold

109   If a special levy is approved before a strata lot is conveyed to a purchaser,

(a) the person who is the owner of the strata lot immediately before the date the strata lot is conveyed owes the strata corporation the portion of the levy that is payable before the date the strata lot is conveyed, and

(b) the person who is the owner of the strata lot immediately after the date the strata lot is conveyed owes the strata corporation the portion of the levy that is payable on or after the date the strata lot is conveyed.

User fees

110   A strata corporation must not impose user fees for the use of common property or common assets by owners, tenants or occupants, or their visitors, other than as set out in the regulations.

Strata corporation may borrow

111   (1) The strata corporation may, after approval by a resolution passed by a 3/4 vote at an annual or special general meeting, borrow money required by it to exercise its powers and perform its duties and, subject to section 81, may secure the repayment of money borrowed by it, and the payment of interest on that money.

(2) Without limiting subsection (1), the strata corporation may secure the repayment of money borrowed by it, and the payment of interest, by one or more of the following:

(a) a mortgage of property, other than common property;

(b) an assignment of unpaid strata fees or special levies;

(c) a negotiable instrument.

Notice to owner or tenant of money owing to strata corporation

112   (1) Before suing or beginning arbitration to collect money from an owner or tenant or before an initiating notice is given by the tribunal under section 6 (1) of the Civil Resolution Tribunal Act in respect of the collection of money from an owner or tenant, the strata corporation must give the owner or tenant at least 2 weeks' written notice demanding payment and indicating that action may be taken if payment is not made within that 2 week period.

(2) Before the strata corporation registers a lien against an owner's strata lot under section 116, the strata corporation must give the owner at least 2 weeks' written notice demanding payment and indicating that a lien may be registered if payment is not made within that 2 week period.

Notice to mortgagee

113   If a mortgagee has given the strata corporation a Mortgagee's Request for Notification under section 60, the strata corporation

(a) may give the mortgagee written notice that the strata lot owner has failed to pay money owing to the strata corporation for more than 60 days, and

(b) must give the mortgagee a copy of any notice given to the owner under section 112.

Disputed debt

114   (1) If there is a dispute over whether an owner or tenant owes money to the strata corporation, the owner or tenant may pay the disputed amount

(a) into court if court proceedings have been started and the Supreme Court Civil Rules allow payment into court, or

(b) to the strata corporation to hold in trust if

(i) the matter has been referred to arbitration,

(ii) an initiating notice has been given under section 6 of the Civil Resolution Tribunal Act, or

(iii) court proceedings have been started.

(2) On receipt of an amount under subsection (1) (b), the strata corporation holds the money and any interest on the money in trust for the parties to the dispute until the dispute is resolved.

(3) After the dispute is resolved, the strata corporation must pay the amount to the party entitled to it as set out in the decision of the arbitrator, the civil resolution tribunal or the court.

Certificate of Payment

115   (1) Within one week of the request of an owner or purchaser, or a person authorized by an owner or purchaser, the strata corporation must give the person making the request a Certificate of Payment in the prescribed form if

(a) the owner does not owe money to the strata corporation, or

(b) the owner does owe money but

(i) the money claimed by the strata corporation has been paid into court, or to the strata corporation in trust, under section 114, or

(ii) arrangements satisfactory to the strata corporation have been made to pay the money owing.

(2) The certificate is current for the purposes of section 256 for a period of 60 days from the date it is issued.

(3) The strata corporation may charge a fee for the certificate, but the fee must not exceed the amount set out in the regulations.

(4) In completing the certificate, the strata corporation may include money owing in respect of

(a) the matters set out in section 116, and

(b) fines and the costs of remedying a contravention of a bylaw or rule charged against the owner or fines and costs for which the owner is responsible under section 131.

(5) A certificate must not include claims of damages against an owner that have not been determined by a court, by arbitration or by the civil resolution tribunal.

Certificate of Lien

116   (1) The strata corporation may register a lien against an owner's strata lot by registering in the land title office a Certificate of Lien in the prescribed form if the owner fails to pay the strata corporation any of the following with respect to that strata lot:

(a) strata fees;

(b) a special levy;

(c) a reimbursement of the cost of work referred to in section 85;

(d) the strata lot's share of a judgment against the strata corporation;

(e) [Repealed 1999-21-25.]

(2) The strata corporation may register a lien against any strata lot, but only one strata lot, owned by an owner as owner developer, by registering in the land title office a Certificate of Lien in the prescribed form if the owner developer fails to pay an amount payable to the strata corporation under section 14 (4) or (5), 17 (b) or 20 (3).

(3) Subsections (1) and (2) do not apply if

(a) the amount owing has, under section 114, been paid into court or to the strata corporation in trust,

(b) arrangements satisfactory to the strata corporation have been made to pay the money owing, or

(c) the amount owing is in respect of a fine or the costs of remedying a contravention.

(4) On registration the certificate creates a lien against the owner's strata lot in favour of the strata corporation for the amount owing.

(5) The strata corporation's lien ranks in priority to every other lien or registered charge except

(a) to the extent that the strata corporation's lien is for a strata lot's share of a judgment against the strata corporation,

(b) if the other lien or charge is in favour of the Crown and is not a mortgage of land, or

(c) if the other lien or charge is made under the Builders Lien Act.

(6) On receiving the amount owing, the strata corporation must within one week remove the lien by registering in the land title office an Acknowledgement of Payment in the prescribed form.

Forced sale of owner's strata lot to collect money owing

117   (1) After the strata corporation has registered a Certificate of Lien against a strata lot, the strata corporation may apply to the Supreme Court for an order for the sale of the strata lot.

(2) If the strata corporation has obtained a judgment for the amount owing, the court may, after considering all the circumstances, make an order for the sale of the strata lot.

(3) If the strata corporation has not obtained a judgment for the amount owing, the court may try the issue and may

(a) order that judgment be entered against the owner in favour of the strata corporation for the amount of the lien or for an amount that the court, as a result of the trial, finds owing, and

(b) if judgment is entered against the owner, make an order for the sale of the strata lot after considering all the circumstances.

(4) An order for the sale of a strata lot must provide that, if the amount owing is not paid within the time period required by the order, the strata corporation may sell the strata lot at a price and on terms to be approved by the court.

Costs added to amount owing

118   The following costs of registering a lien against an owner's strata lot under section 116 or enforcing a lien under section 117 may be added to the amount owing to the strata corporation under a Certificate of Lien:

(a) reasonable legal costs;

(b) land title and court registry fees;

(c) other reasonable disbursements.

Nature of bylaws

119   (1) The strata corporation must have bylaws.

(2) The bylaws may provide for the control, management, maintenance, use and enjoyment of the strata lots, common property and common assets of the strata corporation and for the administration of the strata corporation.

Standard Bylaws

120   (1) The bylaws of the strata corporation are the Standard Bylaws except to the extent that different bylaws are filed in the land title office.

(2) On deposit of the strata plan an owner developer may file bylaws that differ from the Standard Bylaws.

Unenforceable bylaws

121   (1) A bylaw is not enforceable to the extent that it

(a) contravenes this Act, the regulations, the Human Rights Code or any other enactment or law,

(b) destroys or modifies an easement created under section 69, or

(c) prohibits or restricts the right of an owner of a strata lot to freely sell, lease, mortgage or otherwise dispose of the strata lot or an interest in the strata lot.

(2) Subsection (1) (c) does not apply to

(a) [Repealed 2022-41-14.]

(b) a bylaw under section 122 relating to the sale of a strata lot, or

(c) a bylaw under section 123.1 (2) that restricts the age of persons who may reside in a strata lot.

Bylaws relating to sale of strata lot

122   The strata corporation may pass a bylaw governing activities relating to the sale of a strata lot, including locations for the posting of signs and times for the showing of common property and holding of open houses, but the bylaw may not prohibit or unreasonably restrict those activities.

Limits to pet bylaws

123   (1) In this section, "guide dog", "retired guide or service dog team" and "service dog" have the same meaning as in the Guide Dog and Service Dog Act.

(2) A bylaw that prohibits a pet does not apply in respect of a pet living with an owner, tenant or occupant if

(a) immediately before the bylaw was passed,

(i) the pet lived with the owner, tenant or occupant, and

(ii) by living with the pet, the owner, tenant or occupant was not contravening any bylaw prohibiting a pet, and

(b) the pet continues to live with the owner, tenant or occupant after the bylaw is passed.

(3) A bylaw that prohibits a pet or other animal or that restricts the access of a pet or other animal to a strata lot or common property does not apply to

(a) a guide dog or service dog, or

(b) a dog that is a member of a retired guide or service dog team if the person who is a member of the team is an owner, tenant or occupant.

Age restriction bylaws

123.1   (1) Except as permitted by subsection (2), a bylaw must not restrict the age of persons who may reside in a strata lot.

(2) The strata corporation may pass a bylaw that requires one or more persons residing in a strata lot to have reached a specified age that is not less than 55 years.

Limits to age restriction bylaws

123.2   A requirement in a bylaw for one or more persons residing in a strata lot to have reached a specified age does not apply to any of the following persons:

(a) a person who meets all of the following criteria:

(i) immediately before the bylaw was passed,

(A) the person resided in the strata lot, and

(B) by residing in the strata lot, the person was not contravening any bylaw restricting the age of persons who may reside in the strata lot;

(ii) the person continues to reside in the strata lot after the bylaw is passed;

(b) a caregiver who resides in the strata lot for the purpose of providing care to another person who

(i) resides in the strata lot, and

(ii) is dependent on caregivers for continuing assistance or direction because of disability, illness or frailty;

(c) a person in a prescribed class of persons.

Voluntary dispute resolution bylaw

124   (1) The bylaws may provide for a process for the voluntary resolution of disputes among owners, tenants and the strata corporation or any combination of them.

(2) A voluntary dispute resolution process in the bylaws must not

(a) require a person to use the voluntary dispute resolution process, or

(b) confer on any person or body a power to make a binding decision.

(3) The use of a voluntary dispute resolution process in the bylaws does not affect a person's powers, duties or rights including, without limitation, the right to sue, begin arbitration or mediation or request that the tribunal resolve a claim under the Civil Resolution Tribunal Act.

(4) An admission, statement, document or record that is made only for the purpose of a voluntary dispute resolution process in the bylaws may not be used in court, in an arbitration or mediation, in a tribunal proceeding or in any other proceeding.

Rules

125   (1) The strata corporation may make rules governing the use, safety and condition of the common property and common assets.

(2) A rule is not enforceable to the same extent that a bylaw is not enforceable under section 121 (1).

(3) All rules, including those posted on signs, must be set out in a written document that is capable of being photocopied.

(4) The strata corporation must inform owners and tenants of any new rules as soon as feasible.

(5) If a rule conflicts with a bylaw of the strata corporation, the bylaw prevails.

(6) A rule ceases to have effect at the first annual general meeting held after it is made, unless the rule is ratified by a resolution passed by a majority vote

(a) at that annual general meeting, or

(b) at a special general meeting held before that annual general meeting.

(7) Once a rule has been ratified under subsection (6), it is effective until it is repealed, replaced or altered, without the need for further ratification.

Amendment of bylaws

126   The bylaws of a strata corporation may be changed, repealed, replaced, added to or otherwise amended by complying with the requirements of this Division.

Amendment of bylaws before second annual general meeting

127   (1) Despite section 128, if a strata plan is a bare land strata plan or if all the strata lots in a strata plan are residential, no amendment may be made to the bylaws before the second annual general meeting unless the amendment is approved by a resolution passed by a unanimous vote at an annual or special general meeting.

(2) If all the strata lots in a strata plan are nonresidential, the bylaws may be amended, in accordance with section 128, at an annual or special general meeting held before the second annual general meeting.

(3) If a strata plan is composed of residential and nonresidential strata lots, no amendment may be made to the bylaws before the second annual general meeting, unless

(a) it is approved by a resolution passed by a unanimous vote at an annual or special general meeting, or

(b) separate residential and nonresidential sections are formed.

(4) If separate sections are formed,

(a) the residential section may not amend the bylaws before the second annual general meeting unless the amendment is approved by a resolution passed by a unanimous vote at an annual or special general meeting of the section, and

(b) the nonresidential section may amend the bylaws, in accordance with section 197, at an annual or special general meeting of the section held before the second annual general meeting.

Bylaw amendment procedures

128   (1) Subject to section 197, amendments to bylaws must be approved at an annual or special general meeting,

(a) in the case of a strata plan composed entirely of residential strata lots, by a resolution passed by a 3/4 vote,

(b) in the case of a strata plan composed entirely of nonresidential strata lots, by a resolution passed by a 3/4 vote or as otherwise provided in the bylaws, or

(c) in the case of a strata plan composed of both residential and nonresidential strata lots, by both a resolution passed by a 3/4 vote of the residential strata lots and a resolution passed by a 3/4 vote of the nonresidential strata lots, or as otherwise provided in the bylaws for the nonresidential strata lots.

(2) If an amendment to a bylaw is approved, an Amendment to Bylaws that sets out that amendment and is in the prescribed form must be filed in the land title office and, until that filing, the amendment has no effect.

(3) [Repealed 2009-17-21.]

(4) The strata corporation must inform owners and tenants of any amendment to the bylaws as soon as feasible after the amendment is approved.

Enforcement options

129   (1) To enforce a bylaw or rule the strata corporation may do one or more of the following:

(a) impose a fine under section 130;

(b) remedy a contravention under section 133;

(c) deny access to a recreational facility under section 134.

(2) Before enforcing a bylaw or rule the strata corporation may give a person a warning or may give the person time to comply with the bylaw or rule.

Fines

130   (1) The strata corporation may fine an owner if a bylaw or rule is contravened by

(a) the owner,

(b) a person who is visiting the owner or was admitted to the premises by the owner for social, business or family reasons or any other reason, or

(c) an occupant, if the strata lot is not rented by the owner to a tenant.

(2) The strata corporation may fine a tenant if a bylaw or rule is contravened by

(a) the tenant,

(b) a person who is visiting the tenant or was admitted to the premises by the tenant for social, business or family reasons or any other reason, or

(c) an occupant, if the strata lot is not sublet by the tenant to a subtenant.

Landlord's and owner's responsibility for fines and costs incurred by tenant

131   (1) If the strata corporation fines a tenant or requires a tenant to pay the costs of remedying a contravention of the bylaws or rules, the strata corporation may collect the fine or costs from the tenant, that tenant's landlord and the owner, but may not collect an amount that, in total, is greater than the fine or costs.

(2) If the landlord or owner pays some or all of the fine or costs levied against the tenant, the tenant owes the landlord or owner the amount paid.

Maximum fines

132   (1) The strata corporation must set out in its bylaws the maximum amount it may fine an owner or tenant for each contravention of a bylaw or rule.

(2) The strata corporation may set out in its bylaws

(a) different maximum amounts of fines for different bylaws and rules, and

(b) the frequency at which fines may be imposed for a continuing contravention of a bylaw or rule.

(3) The maximum amount of a fine and the maximum frequency of imposition of fines must not exceed the maximums set out in the regulations.

Strata corporation may remedy a contravention

133   (1) The strata corporation may do what is reasonably necessary to remedy a contravention of its bylaws or rules, including

(a) doing work on or to a strata lot, the common property or common assets, and,

(b) removing objects from the common property or common assets.

(2) The strata corporation may require that the reasonable costs of remedying the contravention be paid by the person who may be fined for the contravention under section 130.

Denial of access to recreational facility

134   The strata corporation may, for a reasonable length of time, deny an owner, tenant, occupant or visitor the use of a recreational facility that is common property or a common asset if the owner, tenant, occupant or visitor has contravened a bylaw or rule relating to the recreational facility.

Complaint, right to answer and notice of decision

135   (1) The strata corporation must not

(a) impose a fine against a person,

(b) require a person to pay the costs of remedying a contravention, or

(c) deny a person the use of a recreational facility

for a contravention of a bylaw or rule unless the strata corporation has

(d) received a complaint about the contravention,

(e) given the owner or tenant the particulars of the complaint, in writing, and a reasonable opportunity to answer the complaint, including a hearing if requested by the owner or tenant, and

(f) if the person is a tenant, given notice of the complaint to the person's landlord and to the owner.

(2) The strata corporation must, as soon as feasible, give notice in writing of a decision on a matter referred to in subsection (1) (a), (b) or (c) to the persons referred to in subsection (1) (e) and (f).

(3) Once a strata corporation has complied with this section in respect of a contravention of a bylaw or rule, it may impose a fine or other penalty for a continuing contravention of that bylaw or rule without further compliance with this section.

Complaint against council member

136   (1) If a complaint is made about a council member contravening a bylaw or rule, the council member must not participate in a decision made under section 135 about the complaint.

(2) Subsection (1) does not apply if all the owners are on the council.

Eviction by landlord

137   A repeated or continuing contravention of a reasonable and significant bylaw or rule by a tenant of a residential strata lot is an event that allows the landlord to give the tenant a notice terminating the tenancy agreement under section 47 [landlord's notice: cause] of the Residential Tenancy Act.

Eviction by strata corporation

138   (1) A repeated or continuing contravention of a reasonable and significant bylaw or rule by a tenant of a residential strata lot that seriously interferes with another person's use and enjoyment of a strata lot, the common property or the common assets is an event that allows the strata corporation to give the tenant a notice terminating the tenancy agreement under section 47 [landlord's notice: cause] of the Residential Tenancy Act.

(2) An eviction under subsection (1) does not affect any rights of the landlord under the tenancy agreement.

Repealed

139-140   [Repealed 2022-41-17.]

No restriction of rentals by strata corporation

141   The strata corporation must not screen tenants, establish screening criteria, require the approval of tenants, require the insertion of terms in tenancy agreements or otherwise restrict the rental of a strata lot.

Repealed

142-145   [Repealed 2022-41-19.]

Landlord to give bylaws, rules and Notice of Tenant's Responsibilities to tenant

146   (1) Before a landlord rents all or part of a residential strata lot, the landlord must give the prospective tenant

(a) the current bylaws and rules, and

(b) a Notice of Tenant's Responsibilities in the prescribed form.

(2) Within 2 weeks of renting all or part of a residential strata lot, the landlord must give the strata corporation a copy of the notice signed by the tenant.

(3) If a landlord fails to comply with subsection (1) or (2), the tenant

(a) is still bound by the bylaws and rules, but

(b) may, within 90 days of learning of the landlord's failure to comply, end the tenancy agreement without penalty by giving notice to the landlord.

(4) If a tenant ends a tenancy agreement under subsection (3), the landlord must pay the tenant's reasonable moving expenses to a maximum of one month's rent.

Assignment of powers and duties to tenant

147   (1) A landlord may assign to a tenant some or all of the powers and duties of the landlord that arise under this Act, the bylaws or the rules, but may not assign to a tenant the landlord's responsibility under section 131 for fines or the costs of remedying a contravention of the bylaws or rules.

(2) The assignment is not effective until the landlord gives the strata corporation a written notice stating all of the following:

(a) the name of the tenant to whom the assignment is made;

(b) the powers and duties that have been assigned;

(c) the time period during which the assignment is effective.

Long term lease

148   (1) In this section, "long term lease" means a lease to the same person for a set term of 3 years or more.

(2) If a residential strata lot is leased under a long term lease, the tenant is assigned the powers and duties of the landlord under this Act, the bylaws and the rules for the term of the lease.

(3) Before exercising any powers of the landlord, the tenant must have given to the strata corporation written notice of the assignment referred to in subsection (2), stating the name of the tenant and the time period during which the lease is effective.

(4) The strata corporation must give a copy of the notice referred to in subsection (3) to the landlord and to the owner.

(5) The assignment does not include an assignment of the landlord's responsibility under section 131 for fines or the costs of remedying a contravention of the bylaws or rules.

(6) The tenant must not, without the owner's consent, exercise any power or right of an owner

(a) to acquire or dispose of land,

(b) to cancel or amend the strata plan, or

(c) to do anything that would affect the owner's interest in the strata lot, common property or land that is a common asset.

(7) The landlord must not deal with the landlord's interest in the strata lot, common property or land that is a common asset in a way that unreasonably interferes with the rights of the tenant under the lease or assignment.

Property insurance required for strata corporation

149   (1) The strata corporation must obtain and maintain property insurance on

(a) common property,

(b) common assets,

(c) buildings shown on the strata plan, and

(d) fixtures built or installed on a strata lot, if the fixtures are built or installed by the owner developer as part of the original construction on the strata lot.

(2) For the purposes of subsection (1) (d) and section 152 (b), "fixtures" has the meaning set out in the regulations.

(3) Subsection (1) (d) does not apply to a bare land strata plan.

(4) The property insurance must

(a) be on the basis of full replacement value except in prescribed circumstances, if any, and

(b) insure against major perils, as set out in the regulations, and any other perils specified in the bylaws.

Liability insurance required for strata corporation

150   (1) The strata corporation must obtain and maintain liability insurance to insure the strata corporation against liability for property damage and bodily injury.

(2) The insurance must be of at least the amount required in the regulations.

Errors and omissions insurance

151   The strata corporation may obtain and maintain errors and omissions insurance for council members against their liability and expenses for errors and omissions made in the exercise of their powers and performance of their duties as council members.

Optional strata corporation insurance

152   The strata corporation may obtain and maintain insurance in respect of the following:

(a) a peril or liability of the strata corporation that is not referred to in section 149 or 150;

(b) fixtures built or installed on a strata lot that were not built or installed by the owner developer as part of the original construction on the strata lot.

Insurable interest

153   The strata corporation has an insurable interest in any property insured under section 149 or 152.

Review and report on insurance

154   The strata corporation must

(a) review annually the adequacy of the strata corporation's insurance,

(b) report on the insurance coverage at each annual general meeting, and

(c) inform owners and tenants as soon as feasible of any material change in the strata corporation's insurance coverage, including any increase in an insurance deductible.

Named insureds

155   Despite the terms of the insurance policy, named insureds in a strata corporation's insurance policy include

(a) the strata corporation,

(b) the owners and tenants from time to time of the strata lots shown on the strata plan, and

(c) the persons who normally occupy the strata lots.

Payment of insurance proceeds

156   Despite the terms of the insurance policy, in making a payment, other than a payment arising from the liability of the strata corporation, under the strata corporation's insurance policy, an insurer must make the payment

(a) to the order of the insurance trustee designated by the bylaws, or

(b) if an insurance trustee is not designated, to the order of the strata corporation to be held in trust until paid out under section 157.

Application of insurance money

157   Insurance money received under section 156 with respect to damaged property must be used to repair or replace the damaged property without delay unless the strata corporation decides not to make the repair or replacement under section 159.

Insurance deductible

158   (1) Subject to the regulations, the payment of an insurance deductible in respect of a claim on the strata corporation's insurance is a common expense to be contributed to by means of strata fees calculated in accordance with section 99 (2) or 100 (1).

(2) Subsection (1) does not limit the capacity of the strata corporation to sue an owner in order to recover the deductible portion of an insurance claim if the owner is responsible for the loss or damage that gave rise to the claim.

(3) Despite any other section of this Act or the regulations, strata corporation approval is not required for a special levy or for an expenditure from the contingency reserve fund to cover an insurance deductible required to be paid by the strata corporation to repair or replace damaged property, unless the strata corporation has decided not to repair or replace under section 159.

Decision not to repair or replace

159   (1) The strata corporation may, by a resolution passed by a 3/4 vote at an annual or special general meeting held no later than 60 days after the receipt of the money referred to in section 156, decide not to repair or replace the damaged property.

(2) Subject to section 160, if the strata corporation decides not to repair or replace the damaged property, the insurance trustee or the strata corporation that receives the payment under subsection (1) of this section holds the money and any interest on the money in trust for each person who has an interest in the money, including the holder of a registered charge, and

(a) must distribute the money according to each person's interest, or

(b) if an application is made under section 160, must distribute the money in accordance with the order made under that section.

Court orders

160   (1) If the strata corporation decides not to repair or replace the damaged property and the strata plan is not cancelled, any of the following persons may apply to the Supreme Court for an order under this section:

(a) an owner;

(b) the holder of a registered charge against a strata lot;

(c) an insurer of land shown on the strata plan;

(d) any other person the court considers an appropriate person.

(2) On application by a person referred to in subsection (1), the court may, by order, implement a scheme to do one or more of the following:

(a) rebuild some or all of the damaged property or to make some other use of the land;

(b) provide for the interests of the owners and registered charge holders on a just and equitable basis.

(3) The court may make any order it considers advisable to give effect to the scheme, including, without limitation, orders with respect to

(a) the payment of insurance money received by the strata corporation,

(b) the discharge of the liabilities of the strata corporation, the persons liable to contribute to the discharge and their share of the liability,

(c) the amendment of the strata plan,

(d) the transfer or conveyance of the interest of owners whose strata lots have been wholly or partially destroyed to the other owners in proportion to the unit entitlements of the strata lots of the other owners, and for the compensation of the owners whose interests have been transferred or conveyed,

(e) the sale of land shown on the strata plan, or the sale of the common assets, and

(f) the distribution of any of the common assets of the strata corporation.

Owner's insurance

161   (1) Despite the Insurance Act or any other law, an owner may obtain and maintain insurance for any or all of the following:

(a) loss or damage to the owner's strata lot and the fixtures referred to in section 149 (1) (d)

(i) against perils that are not insured by the strata corporation, and

(ii) for amounts that are in excess of amounts insured by the strata corporation;

(b) fixtures in the owner's strata lot, other than the fixtures referred to in section 149 (1) (d);

(c) improvements to fixtures referred to in section 149 (1) (d);

(d) loss of rental value of the owner's strata lot in excess of insurance obtained and maintained by the strata corporation;

(e) liability for property damage and bodily injury, whether occurring on the owner's strata lot or on the common property.

(2) Despite this Act, the Insurance Act or any other law, an owner of a strata lot in a bare land strata plan may obtain and maintain insurance on buildings or fixtures built or installed on the strata lot.

Contribution

162   Despite the terms of the insurance policy,

(a) neither the strata corporation's insurance policy nor an owner's insurance policy is liable to be brought into contribution with another policy unless the other policy is issued on the same property, and

(b) neither the strata corporation's insurance policy nor the owner's insurance policy is "other insurance" in relation to another policy unless the other policy is issued on the same property.

Strata corporation may be sued

163   (1) The strata corporation may be sued as representative of the owners with respect to any matter relating to the common property, common assets, bylaws or rules, or involving an act or omission of the strata corporation.

(2) An owner may sue the strata corporation.

Preventing or remedying unfair acts

164   (1) On application of an owner or tenant, the Supreme Court may make any interim or final order it considers necessary to prevent or remedy a significantly unfair

(a) action or threatened action by, or decision of, the strata corporation, including the council, in relation to the owner or tenant, or

(b) exercise of voting rights by a person who holds 50% or more of the votes, including proxies, at an annual or special general meeting.

(2) For the purposes of subsection (1), the court may

(a) direct or prohibit an act of the strata corporation, the council, or the person who holds 50% or more of the votes,

(b) vary a transaction or resolution, and

(c) regulate the conduct of the strata corporation's future affairs.

Other court remedies

165   On application of an owner, tenant, mortgagee of a strata lot or interested person, the Supreme Court may do one or more of the following:

(a) order the strata corporation to perform a duty it is required to perform under this Act, the bylaws or the rules;

(b) order the strata corporation to stop contravening this Act, the regulations, the bylaws or the rules;

(c) make any other orders it considers necessary to give effect to an order under paragraph (a) or (b).

Owner's liability for judgment against strata corporation

166   (1) A judgment against the strata corporation is a judgment against all the owners.

(2) A strata lot's share of a judgment against the strata corporation is calculated in accordance with section 99 (2) or 100 (1) as if the amount of the judgment were a contribution to the operating fund and contingency reserve fund, and an owner's liability is limited to that proportionate share of the judgment.

(3) Other than as set out in this section, an owner has no personal liability, in the owner's capacity as an owner, for loss or damage arising from any of the following:

(a) the management and maintenance of the common property and common assets by the strata corporation;

(b) the actions or omissions of the council or strata corporation;

(c) any contracts made or debts or liabilities incurred by or on behalf of the strata corporation.

Defending suits

167   (1) The strata corporation must inform owners as soon as feasible if it is sued.

(2) The expense of defending a suit brought against the strata corporation is shared by the owners in the same manner as a judgment is shared under section 166, except that an owner who is suing the strata corporation is not required to contribute.

Strata corporation may join owner

168   In suits against the strata corporation, the strata corporation may join as a party the owner whose act or omission gave rise to the claim against the strata corporation.

Limit on owner's responsibility for costs

169   (1) If the strata corporation joins or sues an owner in the owner's capacity as owner or as owner developer, or if an owner sues the strata corporation, that owner

(a) is not liable to contribute to legal costs that a court or arbitrator requires the strata corporation to pay,

(b) does not, despite being an owner, have a right to information or documents relating to the suit, including legal opinions kept under section 35 (2) (h), and

(c) does not, despite being an owner, have a right to attend those portions of any annual or special general meeting or council meeting at which the suit is dealt with or discussed.

(2) If the strata corporation pays an amount to an owner in full or partial satisfaction of the owner's claim against the strata corporation, whether or not under a judgment, the owner is not liable to share in the cost of the payment with other owners.

Suits against owners

170   The strata corporation may sue an owner.

Strata corporation may sue as representative of all owners

171   (1) The strata corporation may sue as representative of all owners, except any who are being sued, about any matter affecting the strata corporation, including any of the following matters:

(a) the interpretation or application of this Act, the regulations, the bylaws or the rules;

(b) the common property or common assets;

(c) the use or enjoyment of a strata lot;

(d) money owing, including money owing as a fine, under this Act, the bylaws or the rules.

(2) Before the strata corporation sues under this section, the suit must be authorized by a resolution passed by a 3/4 vote at an annual or special general meeting.

(3) For the purposes of the 3/4 vote referred to in subsection (2), a person being sued is not an eligible voter.

(4) The authorization referred to in subsection (2) is not required for a proceeding under the Small Claims Act against an owner or other person to collect money owing to the strata corporation, including money owing as a fine, if the strata corporation has passed a bylaw dispensing with the need for authorization, and the terms and conditions of that bylaw are met.

(5) All owners, except any being sued, must contribute to the expense of suing under this section.

(6) A strata lot's share of the total contribution to the expense of suing is calculated in accordance with section 99 (2) or 100 (1) except that

(a) an owner who is being sued is not required to contribute, and

(b) the unit entitlement of a strata lot owned by an owner who is being sued is not used in the calculations.

Strata corporation may sue on behalf of some owners

172   (1) The strata corporation may sue on behalf of one or more owners about matters affecting only their strata lots if, before beginning the suit,

(a) it obtains the written consent of those owners, and

(b) the suit is authorized by a resolution passed by a 3/4 vote at an annual or special general meeting.

(2) Only those owners on whose behalf the suit is brought must contribute to the expense of suing under this section.

(3) A strata lot's share of the total contribution to the expense of suing is calculated in accordance with section 99 (2) or 100 (1) except that

(a) only owners on whose behalf the suit is brought are required to contribute, and

(b) only the unit entitlement of strata lots owned by owners on whose behalf the suit is brought are used in the calculations.

Other court remedies

173   (1) On application by the strata corporation, the Supreme Court may do one or more of the following:

(a) order an owner, tenant or other person to perform a duty the owner, tenant or other person is required to perform under this Act, the bylaws or the rules;

(b) order an owner, tenant or other person to stop contravening this Act, the regulations, the bylaws or the rules;

(c) make any other orders it considers necessary to give effect to an order under paragraph (a) or (b).

(2) If, under section 108 (2) (a),

(a) a resolution is proposed to approve a special levy to raise money for the maintenance or repair of common property or common assets that is necessary to ensure safety or to prevent significant loss or damage, whether physical or otherwise, and

(b) the number of votes cast in favour of the resolution is more than 1/2 of the votes cast on the resolution but less than the 3/4 vote required under section 108 (2) (a),

the strata corporation may apply to the Supreme Court, on such notice as the court may require, for an order under subsection (4) of this section.

(2.1) Section 171 (2) does not apply to an application under subsection (2).

(3) An application under subsection (2) must be made within 90 days after the vote referred to in that subsection.

(4) On an application under subsection (2), the court may make an order approving the resolution and, in that event, the strata corporation may proceed as if the resolution had been passed under section 108 (2) (a).

Validity of suits and arbitrations undertaken by strata corporation

173.1   (1) The failure of a strata corporation to obtain an authorization required under section 171 (2) or 172 (1) (b) or the written consent of an owner under section 172 (1) (a) in relation to a suit or an arbitration

(a) does not affect the strata corporation's capacity to commence a suit or arbitration that is otherwise undertaken in accordance with this Act,

(b) does not invalidate a suit or arbitration that is otherwise undertaken in accordance with this Act, and

(c) does not, in respect of a suit or arbitration commenced or continued by the strata corporation that is otherwise undertaken in accordance with this Act, constitute

(i) a defence to that suit or arbitration, or

(ii) an objection to the capacity of the strata corporation to commence or continue that suit or arbitration.

(2) Despite any decision of a court to the contrary made before or after the coming into force of this section, subsection (1) applies to a suit and an arbitration commenced or continued before or after the coming into force of this section.

(3) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter merely because it makes no specific reference to that matter.

Appointment of administrator

174   (1) The strata corporation, or an owner, tenant, mortgagee or other person having an interest in a strata lot, may apply to the Supreme Court for the appointment of an administrator to exercise the powers and perform the duties of the strata corporation.

(2) The court may appoint an administrator if, in the court's opinion, the appointment of an administrator is in the best interests of the strata corporation.

(3) The court may

(a) appoint the administrator for an indefinite or set period,

(b) set the administrator's remuneration,

(c) order that the administrator exercise or perform some or all of the powers and duties of the strata corporation, and

(d) relieve the strata corporation of some or all of its powers and duties.

(4) The remuneration and expenses of the administrator must be paid by the strata corporation.

(5) The administrator may delegate a power.

(6) On application of the administrator or a person referred to in subsection (1), the court may remove or replace the administrator or vary an order under this section.

(7) Unless the court otherwise orders, if, under this Act, a strata corporation must, before exercising a power or performing a duty, obtain approval by a resolution passed by a majority vote, 3/4 vote, 80% vote or unanimous vote, an administrator appointed under this section must not exercise that power or perform that duty unless that approval has been obtained.

Application of this Division

175   (1) This Division applies to a dispute referred to in section 177 if any of the parties to the dispute is an owner or tenant at the time the dispute arises.

(2) Despite subsection (1), this Division does not apply if

(a) Part 5 or 5.1 of the Residential Tenancy Act or Part 6 or 6.1 of the Manufactured Home Park Tenancy Act applies to the dispute, or

(b) Part 5 or 5.1 of the Residential Tenancy Act or Part 6 or 6.1 of the Manufactured Home Park Tenancy Act do not apply to the dispute and all parties have agreed that the Arbitration Act will apply.

Suit requirements and procedures apply

176   The requirements and procedures regarding authorizations for suits and liability for expenses and judgments in suits by and against the strata corporation, as set out in the following sections, apply to an arbitration in which the strata corporation is a party:

(a) section 166 [owner's liability for judgment against corporation];

(b) section 167 [defending suits];

(c) section 169 [limit on owner's responsibility for costs];

(d) section 171 [corporation may sue as representative of all owners];

(e) section 172 [corporation may sue on behalf of some owners].

Disputes that can be arbitrated

177   (1) Subject to sections 178 (1) and 178.1 (1), the strata corporation may refer to arbitration a dispute with an owner or tenant if the dispute concerns a matter set out in subsection (3) of this section.

(2) Subject to sections 178 (1) and 178.1 (1), an owner or tenant may refer to arbitration a dispute with the strata corporation or with another owner or tenant if the dispute concerns a matter set out in subsection (3) of this section.

(3) A dispute may be referred to arbitration under subsection (1) or (2) if it concerns any of the following:

(a) the interpretation or application of this Act, the regulations, the bylaws or the rules;

(b) the common property or common assets;

(c) the use or enjoyment of a strata lot;

(d) money owing, including money owing as a fine, under this Act, the bylaws or the rules;

(e) an action or threatened action by, or decision of, the strata corporation, including the council, in relation to an owner or tenant;

(f) the exercise of voting rights by a person who holds 50% or more of the votes, including proxies, at an annual or special general meeting.

Effect of court proceedings on arbitration

178   (1) A dispute must not be referred to arbitration under section 177 (1) or (2) once a court proceeding has been commenced in relation to the same dispute.

(2) A court having jurisdiction may hear a dispute that has been referred to arbitration, but a party to the arbitration may apply to the court for an order to stay the court's proceedings.

(3) On an application for a stay under subsection (2), the court must stay its proceedings unless the court is satisfied there is good reason to continue its proceedings.

(4) In determining whether to stay its proceedings, the court may consider all of the following:

(a) the legal and factual complexity of the dispute;

(b) the suitability of the intended arbitrator;

(c) the comparative expense and delay of the court proceedings and the arbitration;

(d) the interests of any other parties;

(e) the likelihood that all the parties to the arbitration will cooperate to do all things necessary for the proper conduct of the arbitration;

(f) any other matter the court thinks proper.

Effect of tribunal proceeding on arbitration

178.1   (1) Subject to subsection (2), a dispute must not be referred to arbitration under section 177 (1) or (2) of this Act once an initiating notice has been given under section 6 of the Civil Resolution Tribunal Act in relation to the dispute.

(2) A dispute may be referred to arbitration under section 177 (1) or (2) if the civil resolution tribunal notifies the parties of its refusal to resolve the dispute.

Beginning arbitration

179   (1) A party may begin arbitration by giving the other party a Notice Beginning Arbitration in the prescribed form that describes the dispute and proposes either an arbitrator, a choice of arbitrators or a method for appointing an arbitrator.

(2) Within 2 weeks after receiving the Notice Beginning Arbitration, the party receiving the notice must give the party who began the arbitration a Notice of Reply in the prescribed form.

(3) The Notice of Reply must

(a) indicate agreement to one of the proposed arbitrators or the proposed method of appointing an arbitrator, or

(b) propose another arbitrator, choice of arbitrators or method of appointing an arbitrator.

(4) Within one week after receiving a Notice of Reply that proposes another arbitrator, choice of arbitrators or method of appointing an arbitrator, the party who began the arbitration must give the other party a Notice Responding to Reply in the prescribed form.

(5) The Notice Responding to Reply must

(a) indicate agreement to one of the proposed arbitrators or the proposed method of appointing an arbitrator, or

(b) reject the proposed arbitrator, choice of arbitrators or method of appointing an arbitrator.

(6) If an arbitrator, choice of arbitrators or method of appointing an arbitrator is rejected in the Notice Responding to Reply, each party has one week after that notice is given to appoint the party's own arbitrator, and the 2 arbitrators must either

(a) name a third person as the sole arbitrator, or

(b) name a third arbitrator to act with them and to chair the panel.

(7) On application of a party, the Supreme Court may appoint an arbitrator if for any reason a single arbitrator or a panel of arbitrators is not appointed within 6 weeks after the Notice Beginning Arbitration is given.

(8) A person who is an owner, tenant or occupant in the strata corporation, or the strata manager or other employee of the strata corporation, may not be an arbitrator unless all the parties consent.

(9) Subject to subsection (8), any person 19 years old or older may be an arbitrator.

Consolidation of disputes

180   Similar disputes that arise between different parties may be heard in one arbitration if all parties agree on

(a) the appointment of the arbitrator, and

(b) the steps to be taken to consolidate the disputes into one arbitration.

Mediation

181   Before holding a hearing, the arbitrator must advise the parties of the possibility of a mediated settlement.

Notice of arbitration

182   (1) Before holding a hearing, the arbitrator may provide notice to a person who is not a party to the arbitration but who in the arbitrator's opinion may be directly affected by the issues under consideration at the arbitration.

(2) A person who receives notice under this section may make a statement in writing to the arbitrator.

(3) A person who makes a statement under subsection (2) may be joined as a party in the arbitration if

(a) the person consents to being joined as a party,

(b) the arbitrator requests that the person be joined as a party, and

(c) the other parties consent.

Arbitration procedures

183   (1) Subject to this Division and the regulations, the arbitrator may conduct the hearing in the manner the arbitrator considers appropriate.

(2) Before the hearing the parties to the arbitration must submit to the arbitrator a written statement describing the nature of the dispute and the evidence they intend to call.

(3) The arbitrator must hold a hearing as soon as possible at a location in or near the strata corporation's premises.

(4) The arbitration hearing is open to all owners or tenants, unless all the parties to the arbitration agree that the hearing should be held in private.

(5) A party may be represented at any stage of the arbitration by another person, including a lawyer.

(6) If all parties agree, the arbitration hearing may consist of an exchange of written statements or any other procedure.

Examination and evidence

184   (1) The parties to an arbitration must, when ordered by the arbitrator, submit to being examined by the arbitrator and must produce all relevant records that the arbitrator may require.

(2) The arbitrator must allow each party adequate opportunity to present and rebut evidence.

(3) A person who is not a party to a dispute may give evidence only if

(a) the person consents to give evidence, and

(b) the person is requested to give evidence by a party to the dispute.

(4) The arbitrator may admit evidence that the arbitrator considers relevant to the issues in dispute, whether or not that evidence would be admissible in a court.

(5) The arbitrator may require that a party or a witness give evidence on oath or affirmation, and may administer the oath or affirmation.

Arbitrator's decision

185   (1) The arbitrator may make whatever decision the arbitrator considers just having regard to this Act, the regulations, the bylaws and the rules, and may do one or more of the following:

(a) order a party to do something;

(b) order a party to refrain from doing something;

(c) order a party to pay money as damages.

(2) The arbitrator's decision must include reasons, be in writing and be signed by the arbitrator.

(3) Within 4 weeks of the date of the decision, the arbitrator may vary a decision to correct a clerical or typographical error or omission, or a similar type of error or omission.

Costs

186   (1) The arbitrator may make an order for costs, specifying the persons entitled to costs, the persons who must pay the costs, the amount of the costs and the manner of payment.

(2) If the arbitrator does not make an order respecting costs, a party may, within 30 days of being notified of the decision, apply to the arbitrator for an order respecting costs.

(3) If no application is made under subsection (2), or if following an application the arbitrator does not make an order respecting costs, subject to any agreement to the contrary, the parties must bear their own costs and must pay equal shares of the fees of the arbitrator.

Decision final

187   The decision of the arbitrator is final and binding on the parties except that

(a) the decision may be reviewed as provided under the Judicial Review Procedure Act, and

(b) the decision may be appealed under section 188.

Appeal to court

188   (1) A party to an arbitration may, within 30 days after receiving the decision, appeal to the Supreme Court on any question of law arising out of the decision if

(a) all of the parties to the arbitration consent, or

(b) the court grants leave to appeal.

(2) In an application under subsection (1), the court may grant leave, but only if it determines that

(a) the importance of the decision justifies the intervention of the court and that the determination of the question of law may prevent a miscarriage of justice, or

(b) the question of law is of importance to some class or body of persons of which the applicant is a member, or that the question of law is of general or public importance.

Enforcement of decision

189   (1) An arbitrator's decision and order for costs may be filed in the Supreme Court and on being filed have the same effect, and all proceedings may be taken on them, as if they were orders of the Supreme Court.

(2) An arbitrator's decision and order for costs may be filed in the Provincial Court if

(a) the amount claimed or the value of the personal property or services is within the monetary jurisdiction of the court, and

(b) the decision is in respect of

(i) debt or damages,

(ii) recovery of personal property,

(iii) specific performance of an agreement relating to personal property or services, or

(iv) relief from opposing claims to personal property.

(3) On being filed under subsection (2), the decision and order for costs have the same effect, and all proceedings may be taken on them, as if they were orders of the Provincial Court.

(4) Despite subsections (1) to (3), a decision or order for costs may not be filed until

(a) the time limit for an appeal has expired and no appeal has been taken, or

(b) the appeal is completed or abandoned.

Strata corporations, owners and tenants initiating tribunal proceeding

189.1   (1) Subject to subsection (2), a strata corporation, owner or tenant may make a request under section 4 of the Civil Resolution Tribunal Act asking the civil resolution tribunal to resolve a dispute concerning any strata property matter over which the civil resolution tribunal has jurisdiction.

(2) An owner or tenant may not make a request referred to in subsection (1) unless

(a) the owner or tenant requested a council hearing under section 34.1, or

(b) the civil resolution tribunal, on request by the strata corporation, owner or tenant, directs that the requirements of paragraph (a) of this subsection do not apply.

Repealed

189.2-189.3   [Repealed 2015-16-48.]

Suit requirements and procedures apply

189.4   The requirements and procedures regarding authorization for suits and liability for expenses and judgments in suits by and against the strata corporation, as set out in the following sections, apply to a dispute being resolved by the civil resolution tribunal in which the strata corporation is a party:

(a) section 166 [owner's liability for judgment against corporation];

(b) section 167 [defending suits];

(c) section 169 [limit on owner's responsibility for costs];

(d) section 171 (5) and (6) [corporation may sue as representative of all owners];

(e) section 172 (1) (a), (2) and (3) [corporation may sue on behalf of some owners].

Repealed

189.5   [Repealed 2015-16-48.]

Repealed

189.6   [Repealed 2018-17-47.]

Act applies to strata corporation with sections

190   (1) Subject to the regulations, the provisions of this Act apply to a strata corporation with sections.

(2) If there is a conflict between a provision of this Part and a provision of another Part, the provision of this Part prevails.

Sections allowed

191   (1) A strata corporation may have sections only for the purpose of representing the different interests of

(a) owners of residential strata lots and owners of nonresidential strata lots,

(b) owners of nonresidential strata lots, if they use their strata lots for significantly different purposes, or

(c) owners of different types of residential strata lots.

(2) For the purposes of subsection (1) (c), strata lots are different types if they fall within the criteria set out in the regulations.

Creation of sections by owner developer

192   An owner developer may create sections for a strata corporation at the time the strata plan is deposited by filing in the land title office

(a) bylaws that provide for the creation and administration of each section, and

(b) any resolutions to designate limited common property, in accordance with section 74, for the exclusive use of all the strata lots in a section.

Creation or cancellation of sections by strata corporation

193   (1) To create or cancel sections, the strata corporation must hold an annual or special general meeting to consider the creation or cancellation.

(2) The notice of meeting must include

(a) a resolution to amend the bylaws to provide for either the creation and administration of each section or the cancellation of the sections, and

(b) any resolutions to designate limited common property, in accordance with section 74, for the exclusive use of all the strata lots in a section or to remove a designation in accordance with section 75.

(3) The resolution referred to in subsection (2) (a) must be passed

(a) by a 3/4 vote, and

(b) by a sectional 3/4 vote.

(3.1) In this section, "sectional 3/4 vote" means a vote in favour of a resolution in relation to a proposed or existing section by at least 3/4 of the votes cast by eligible voters in the section who are present in person or by proxy at the time the vote is taken and who have not abstained from voting.

(4) On the filing in the land title office of a bylaw amendment creating a section, a section is created bearing the name "Section [number of section] of [name of strata corporation]".

(5) On the creation of a section the registrar may establish a general index for the section.

Powers and duties of section

194   (1) After the creation of sections, the strata corporation retains its powers and duties in matters of common interest to all the owners.

(2) With respect to a matter that relates solely to the section, the section is a corporation and has the same powers and duties as the strata corporation

(a) to establish its own operating fund and contingency reserve fund for common expenses of the section, including expenses relating to limited common property designated for the exclusive use of all the strata lots in the section,

(b) to budget and require section owners to pay strata fees and special levies for expenditures the section authorizes,

(c) to sue or arbitrate in the name of the section,

(d) to enter into contracts in the name of the section,

(e) to acquire and dispose of land and other property in the name of or on behalf of the section, and

(f) to enforce bylaws and rules.

(3) Despite subsection (2), a section must not enter into a contract, or sue or arbitrate, in the name of the strata corporation and the strata corporation has no liability for contracts made, or debts or legal costs incurred, by the section.

(4) A section may obtain insurance only

(a) against perils that are not insured by the strata corporation, or

(b) for amounts that are in excess of amounts insured by the strata corporation.

(5) For the purposes of subsection (4), a section has the same insurable interest as the strata corporation has in property contained within the section.

(6) Division 4 of Part 10 applies to a dispute between sections and between a section and the strata corporation.

Expenses of section

195   Subject to section 100 and the regulations, expenses of the strata corporation that relate solely to the strata lots in a section are shared by the owners of strata lots in the section and each strata lot's share of a contribution to the operating fund and contingency reserve fund is calculated as follows:

Administration of section

196   (1) The eligible voters of a section may call and hold meetings and pass resolutions in the same manner as eligible voters of the strata corporation.

(2) Each section must elect an executive for that section and the section executive has the same powers and duties with respect to the section as the strata corporation's council has with respect to the strata corporation.

(3) A member of a section executive is eligible for election to the strata corporation's council.

Bylaws and rules for section

197   (1) The strata corporation's bylaws apply to the section unless they have been amended by the section.

(2) The bylaws may only be amended by the section if the bylaw amendment is in respect of a matter that relates solely to the section.

(3) Subject to section 127 (4) (a), an amendment to the bylaws respecting a matter that relates solely to the section must be approved by a resolution passed by a 3/4 vote at an annual or special general meeting of the section.

(3.1) Despite subsection (3), if a section is composed entirely of nonresidential strata lots, an amendment to the bylaws respecting a matter that relates solely to the section must be approved by a resolution passed

(a) by a 3/4 vote, or

(b) if a different voting threshold is provided for in the bylaws of the section, by that voting threshold

at an annual or special general meeting of the section.

(4) The executive of a section may make rules governing the use, safety and condition of

(a) land and other property acquired under section 194 (2) (e), and

(b) limited common property designated for the exclusive use of all the strata lots in the section.

(5) Section 125 applies to section rules.

Judgments against strata corporation relating to section

198   (1) If a judgment against the strata corporation relates solely to the strata lots in a section, the judgment is against only the owners of strata lots in the section.