Question 1

Does a non-smoking bylaw apply to residents who reside in the complex at the time the bylaw is passed?

Eric · Accepted Answer

Yes. Strata corporations are able to amend their bylaws from time to time, and those amendments generally apply to all residents in the complex (unless a ‘grandfather’ clause is included). While section 123 of the Strata Property Act recognizes pre-existing rights in relation to pet and age bylaws, it does not deal with pre-existing rights for a behaviour such as smoking. We are not aware of any case law to support the premise that an owner who purchases a strata lot is not subject to a bylaw that governs behaviour after the purchase. Otherwise, bylaws governing behaviour would only apply to those individuals that take up residence after the bylaw is passed, which would create a situation where not all residents would be treated the same

Question 2

Who pays the cost of a law suit?

Eric · Accepted Answer

When an owner is sued for areas strata fees or legal fees (s. 116) the owner will be liable for the reasonable legal costs (s. 118).
When a strata corporation is required to pay legal costs, the strata lot owners (except the one who is being sued) must contribute to the costs in proportion to their unit entitlement.

Question 3

What if my hardship application is denied?

Eric · Accepted Answer

The act does not require a strata council to review their decision. An owner may apply to the supreme court to have the decision overturned if the consent was unreasonably withheld. Remember that this is an expensive and technical process; obtain legal advice before you attempt this.

Question 4

How long must I wait?

Eric · Accepted Answer

If the owner does not request a hearing, the strata council has 2 weeks after the date that the application is received to give a written reply. If the owner does request a hearing, then the strata council must hold a hearing where the owner or his representative can speak to the application within 4 weeks after the date of the application. A decision must then be provided to the owner within 1 week after the hearing is held.

Question 5

What must my hardship application contain?

Eric · Accepted Answer

Your application must be in writing and can be a letter, addressed to the strata council, setting out the circumstances of the hardship. Although not required by the act you should supply statements, figures, calculations, etc. as proof of hardship. (Note that Council can only make an informed decision if they have all the facts. The strata council cannot make a decision if you only say that you are experiencing hardship).

Question 6

How do I apply for hardship?

Eric · Accepted Answer

The owner must apply in writing to the strata corporation stating (i) the reason the exemption should be made, and (ii) whether the owner requires a hearing.

Question 7

How will a hardship application will be decided?

Eric · Accepted Answer

The strata corporation may not unreasonably refuse to grant an exemption [s.144(6)]. Some factors that Court has found relevant for consideration by Strata Corporation include (Als v The Owners, Strata Corporation NW 1067, 2002 BCSC 134): – inability to re-sell the unit/decrease in sale value from purchase price; – inability to obtain insurance because a unit is not occupied; – potential prohibitive cost of property management; – substantial decrease in sale value where a new ban on rentals is put in place; – value of the unit making up all or substantially all of an owner’s assets.

Question 8

What is a rental restriction?

Eric · Accepted Answer

Strata corporations may by bylaw regulate how many strata lots, if any at all, may be leased. This is called a rental restriction and the bylaw is called a rental restriction bylaw.

Question 9

May landlords assign their rights and obligations to tenants?

Eric · Accepted Answer

Yes, provided that they give written notice of the assignment to the strata corporation stating what rights and obligations are assigned to the tenant; the name of the tenant; and the time period that the assignment is effective.

Question 10

Long term tenants

Eric · Accepted Answer

Long term tenants are residential tenants with leases of three years or longer. With some exceptions, long term tenants have the same rights and obligations as landlords under the act, regulations, bylaws and rules for the duration of the lease. Before exercising any rights of the landlord, long term tenants must provide the strata corporation with written notice of the term of the lease and their name. This is most effectively achieved by supplying a copy of the lease to the strata council/ Long term tenants may not take any action that will affect the owner’s interest in the strata lot, common property or land that is a common asset. Long term tenants must pay strata fees, pay special levies that are due within the term of the lease; and maintain and repair parts of the strata lot and limited common property that the bylaws make the owner responsible for. Long term tenants have the right to access and obtain strata corporation records, attend and vote at general meetings, receive strata corporation notices; and to be eligible for election to the strata council.

Question 11

What are the tenant’s rights under the Act?

Eric · Accepted Answer

All tenants have the following rights under the Act:

to obtain a copy of the strata’s bylaws and rules and a Notice of Tenant’s Responsibilities (Form K) from the landlord;
to inspect and obtain copies of the bylaws and rules from the strata corporation at no charge;
to request that the strata council grant them short term exclusive use of common property;
to the same access to any dispute resolution methods as an owner;

Question 12

What are s. 116 fees?

Eric · Accepted Answer

strata fees;
a special levy;
a reimbursement of the cost of work referred to in section 85;
the strata lot’s share of a judgment against the strata corporation [s. 116(1)]
or interest thereon.

Question 13

When is an owner an non-eligible voter?

Eric · Accepted Answer

Persons not included in s. 54 of the Act, and all owners who are prohibted from voting because the strata corporation is entitled to register a lien against the Owner’s Strata Lot (and the strata has a bylaw pursuant to s. 53(2)).

Question 14

Which matters require a unanimous vote?

Eric · Accepted Answer

allocating expenditures other than prescribed by s.99 (unit entitlement) (s. 100)
amending the strata plan (ss. 257, 259, 262, 263, 265, and 266)
cancelling the strata plan (ss. 272, 276, and 284)

Question 15

Which matters require a 3/4 vote?

Eric · Accepted Answer

Strata Disputes

amending bylaws (s. 126);
authorizing extraordinary expenditures (ss. 96 and 97);
authorizing a special levy (s. 108);
authorizing a significant change in the use or appearance of common property, and granting or revoking limited common property designations (ss. 71, 74, and 75);
acquisition and disposal of property (ss. 78 to 82);
authorizing litigation (ss. 171 and 172);
creating or cancelling sections (s. 193);
amalgamating strata corporations (s. 269) (not applicable to a section)

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