Are all owners part of small strata corporations?
Dear Tony: We have a simple question that relates to council. Our strata is only a three-unit townhouse complex in Vancouver. All three owners have been very cooperative about operations and maintenance and no one has ever opposed spending money to maintain our building. The Standard Bylaws of the Act say that if a strata has fewer than four owners or fewer than four strata lots, all owners are on council. So here is our confusion, if all owners are on the strata council, it is technically six owners in our strata because all the couples are on title. Does this mean we have six votes that we have to count or three votes and each couple has to agree on their position?
Dear Tom: Your question is answered under section 29 of the Strata Property Act. If all the owners are on council, each strata lot has one vote at council meetings. We often forget a bylaw is tied to a provision within the Act or the Regulations.As a result, always cross reference the Act, the Regulations, the Schedule of Standard Bylaws and any bylaw amendments that have been filed for your strata corporation. The interpretations of the Act in the Regulations will be identified if the section of the Act indicates: “subject to the Regulations”. A good clue there is more of the legislation. Out of interest to small strata corporations across the province, Tom’s strata hold an AGM, approve an annual budget and maintain banks accounts and records of all meetings, maintenance and repairs and financial planning. Their treasurer estimated it takes them an hour a month to maintain their routine operations. They have also voluntarily commissioned a depreciation report which was a key factor in their financial planning process. Whether you are a 10 unit bare land, a townhouse duplex or five unit condo apartment, remember the Strata Property Act, Regulations and Standard Bylaws still apply.