Obtaining complete and current documents from strata corporations or their management companies is one of the biggest challenges we run into when working on strata document reviews for buyers and Realtors.
That’s why it’s important to understand who can request strata documents and how much the strata can charge for them, particularly in the context of real estate transactions.
1. Who Can Request and Access Strata Documents?
It’s important to realize that, in a sales transaction, the buyer or their Realtor does not have automatic authority to request access to or copies of documents from the strata corporation or their management company. The request has to come from a person who is authorized to access these records.
Section 36(1) of the Strata Property Act states that:
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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,
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(a) an owner,
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(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
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(c) a person authorized in writing by an owner or tenant referred to in paragraph (a) or (b).
Typically, the seller, as the current owner, or their Realtor, if authorized in writing, will request the documents and provide them to the buyer and buyer’s Realtor.
While the seller can authorize a buyer or another Realtor to obtain the strata documents directly from the strata corporation, in practice, this rarely happens.
2. What about the Form B?
One exception to this rule is the Form B: Information Certificate.
Section 59(1) of the Strata Property Act states that:
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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.
This means that purchasers can request the Form B themselves, without needing authorization from the seller. A Realtor can also make the request if they have written authorization from either the seller or the buyer.
3. How Much Can the Strata Corporation Charge for Documents?
A. For the Form B: Information Certificate
When it comes to the cost of a Form B, the maximum fee is set out in the Strata Property Regulation.
Section 4.4 of the Strata Property Regulation states that:
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The maximum fee that the strata corporation may charge for an Information Certificate, including required attachments, referred to in section 59 of the Act is $35 plus the cost of photocopying, or other means of reproduction, up to 25 cents per page.
B. For Other Strata Documents
The fees for all other documents are also set out in the Strata Property Regulation.
Section 4.2 of the Strata Property Regulation states that:
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(1) The maximum fee that the strata corporation may charge for a copy of a record or document provided under section 36 of the Act is 25 cents per page.
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(2) No fee may be charged to an owner, a tenant or a person authorized by an owner or tenant for the inspection of a record or document under section 36 of the Act.
As most of you are likely aware, strata corporations or their management companies can, and often do, charge rush fees if parties want to obtain the documents sooner than the prescribed time frames.
4. How Long Does the Strata Have to Provide the Documents?
It’s also important to note that there are timelines the strata corporation, or their management company, must follow when providing documents.
Section 36(3) of the Strata Property Act states that:
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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.
As noted earlier, the Form B - Information Certificate must also be provided within one week, as set out in Section 59(1) of the Act.
Lastly, it’s important to keep in mind that while many strata corporations and management companies may provide documents sooner, often for an added rush fee, they are not obligated to do so. The legislated timelines are the only deadlines they are required to meet. For this reason, it’s always best to request documents as early as possible.
Final Thoughts
Knowing who can request documents, how soon you can obtain them and how much they can cost is key to avoiding delays and misunderstandings during a strata transaction. If you are working with a buyer, make sure they understand their access rights and encourage sellers to collect documents early.
If you have questions or need help reviewing a document package, we are always happy to help!
