Strata Tip of the Week - The Minimum Amount of Strata Council Meetings

by John Cooper

1. Are strata corporations required to hold strata council meetings?

In British Columbia, the Strata Property Act (SPA) does not explicitly state the amount of meetings that a strata council must hold. In other words, the SPA does not require strata corporations to hold a minimum amount of strata council meetings.

 

That being said, operational requirements of most strata corporations, as well as other provisions in the SPA, the Standard Bylaws (which strata corporations can amend), and other applicable legislation make it difficult and often impractical for strata councils to properly manage a strata corporation without holding strata council meetings.

 

As an example, Sections 13 (1) and 18 (3) of the Standard Bylaws state that:

  • 13 (1) At the first meeting of the council held after each annual general meeting of the strata corporation, the council must elect, from among its members, a president, a vice president, a secretary and a treasurer.

  • 18 (3) The results of all votes at a council meeting must be recorded in the council meeting minutes.

 

2. So how often should a strata council meet?

The amount of strata council meetings that a strata corporation must hold, to operate efficiently and effectively, depends on many factors, including but not limited to:

  • The size of the strata corporation.

  • The complexity of the strata corporation's operations and maintenance requirements.

  • The frequency of issues and decisions that arise within the strata community.

  • The need to address specific matters, such as major repairs, financial matters, bylaw violations, contract reviews and approvals, etc.

  • The existence of any ongoing or special projects that require regular updates and discussions.

  • The need to plan and prepare for annual and special general meetings of the strata corporation.

 

3. Why are strata council meeting minutes important for buyers?

Strata council meeting minutes are essential for buyers, as they provide valuable insights and information about the strata corporation and the community they are considering becoming a part of.

 

Infrequent or non-existent strata council meetings could indicate a lack of active management and involvement in the strata corporation's affairs, which may pose significant risks to buyers, including but not limited to:

  • Delays in addressing issuesdeferred maintenance, and disputes due to a lack of action and direction.

  • Buyers left uninformed about finances, repairs, challenges, etc.

  • Neglected upkeep leading to building deterioration and unexpected costs.

  • Difficulty assessing financial health and potential obligations.

  • Unresolved conflicts among owners without proper communication and enforcement.

  • Buyers unaware of looming special levies, leading to sudden financial strain.

  • Quality of management services may suffer without oversight.

  • Complications and delays when updating bylaws or rules, or making other changes within the strata community.

As you can see, it is crucial that consumers are made aware of the dangers of buying a unit in a strata corporation that holds infrequent or no strata council meetings.

 

Due diligence, including reviewing meeting minutes and seeking professional advice, is crucial in order for buyers to thoroughly assess the health and viability of the strata community they are considering, before making a purchase.

That’s it for this week. If you have any suggestions for other topics you’d like us to cover, please let us know at info@condoclear.ca.

Disclaimer: The information provided is for general purposes only. It is not intended to provide legal advice or opinions of any kind. No one should act, or refrain from acting, based solely upon the materials provided, any hypertext links or other general information without first seeking appropriate legal or other professional advice.


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