BC Real Estate Trading Services Course Strata Properties 2 — Questions and Answers
Question 1: How are strata corporation bylaws created and amended in BC?
- By the property manager unilaterally
- By a 3/4 vote at a general meeting, with the amended bylaws filed at the Land Title Office to be enforceable against new owners (Correct answer)
- By a simple majority vote at any meeting
- Bylaws cannot be changed once the strata plan is registered
Correct answer: By a 3/4 vote at a general meeting, with the amended bylaws filed at the Land Title Office to be enforceable against new owners
Bylaws can be created or amended by a 3/4 vote at a general meeting (annual or special). To be enforceable against subsequent purchasers, amended bylaws must be filed at the Land Title Office. The Standard Bylaws under the Strata Property Act apply unless specifically amended by the strata corporation.
Question 2: Can a BC strata corporation restrict rentals of strata lots?
- No, owners have an absolute right to rent their units
- Yes, by passing a bylaw with a 3/4 vote that restricts or prohibits rentals, subject to certain exemptions for owners who were renting before the bylaw was passed (Correct answer)
- Only if all owners unanimously agree
- Only the municipality can restrict rentals
Correct answer: Yes, by passing a bylaw with a 3/4 vote that restricts or prohibits rentals, subject to certain exemptions for owners who were renting before the bylaw was passed
Strata corporations can restrict or prohibit rentals by bylaw (3/4 vote). However, exemptions exist for owners who were renting their units before the rental restriction bylaw was passed, owners who qualify for a hardship exemption, and family members. The Strata Property Act also provides that rental restriction bylaws cannot be applied retroactively.
Question 3: What is 'unit entitlement' in a BC strata corporation and why does it matter?
- The right to park in the underground garage
- A number assigned to each strata lot that determines the owner's share of common expenses, voting power, and interest in common property (Correct answer)
- The maximum number of people who can live in a unit
- The amount of insurance coverage for each unit
Correct answer: A number assigned to each strata lot that determines the owner's share of common expenses, voting power, and interest in common property
Unit entitlement is a number assigned to each strata lot, typically based on the lot's habitable area relative to other lots. It determines: (1) the owner's share of common expenses (strata fees); (2) voting entitlement (one vote per lot, but unit entitlement matters for some votes); (3) the owner's share of common property interest. It is set when the strata plan is filed.
Question 4: What dispute resolution mechanisms are available for strata property disputes in BC?
- Only the courts can resolve strata disputes
- The Civil Resolution Tribunal (CRT) has jurisdiction over most strata disputes, plus mediation, arbitration, and BC Supreme Court for complex matters (Correct answer)
- Only the strata council can resolve disputes internally
- BCFSA resolves all strata disputes
Correct answer: The Civil Resolution Tribunal (CRT) has jurisdiction over most strata disputes, plus mediation, arbitration, and BC Supreme Court for complex matters
The Civil Resolution Tribunal (CRT) is the primary body for resolving most strata property disputes in BC, including disputes about bylaws, common property, and strata fees. For more complex matters or those outside CRT jurisdiction, parties can use mediation, arbitration, or the BC Supreme Court. The CRT process is designed to be accessible and affordable.
Question 5: What insurance is a BC strata corporation required to carry?
- Only fire insurance on the building
- Full replacement value insurance on common property and buildings, plus liability insurance for common property areas, as required by the Strata Property Act (Correct answer)
- Insurance is optional for strata corporations
- Only individual owners are required to carry insurance
Correct answer: Full replacement value insurance on common property and buildings, plus liability insurance for common property areas, as required by the Strata Property Act
The Strata Property Act requires strata corporations to obtain and maintain insurance on the full replacement value of common property, common assets, and buildings (excluding improvements made by individual owners). They must also carry liability insurance for common property. Individual owners should carry their own contents and improvements insurance and personal liability coverage.
Question 6: What changes did the 2023 BC Strata Property Act amendments make regarding electric vehicle charging?
- They banned EV charging stations in strata properties
- They made it easier for owners to install EV charging by removing the previous requirement for a 3/4 vote and allowing installation with strata council approval in many cases (Correct answer)
- They required every parking stall to have an EV charger
- They had no impact on EV charging
Correct answer: They made it easier for owners to install EV charging by removing the previous requirement for a 3/4 vote and allowing installation with strata council approval in many cases
The 2023 amendments streamlined the process for installing EV charging infrastructure in strata properties. Previously, significant electrical upgrades required a 3/4 vote. The amendments made it easier for individual owners to install chargers at their own expense, subject to reasonable strata council approval, reflecting BC's push toward electric vehicle adoption.
BC Real Estate Trading Services Course Strata Properties 2
How are strata corporation bylaws created and amended in BC?