Strata Corporation & Strata Property Manager
About strata corporations and strata property managers
It’s important to understand the difference between a strata corporation and a strata property manager. A strata property manager cannot be named as a party to a CRT strata dispute, either as an applicant or as a respondent. A strata corporation can be named as a party to a CRT strata dispute.
What is the difference between a strata council and a strata property manager?
The strata council is the elected executive for the strata corporation. It has important responsibilities.
The strata council’s role is to:
- Act as the managing body for the strata corporation
- Make daily decisions that help the strata corporation to operate smoothly
- Operate according to the Strata Property Act, regulations, bylaws and rules, or a majority vote of the owners
The strata council can hire a strata property manager to help with the day-to-day operations of the strata corporation. But hiring a strata property manager doesn’t change the strata council’s responsibilities. The strata council is still responsible for making sure it meets its obligations under the Strata Property Act and the strata’s bylaws.
Strata Property Managers
The strata council can pay a strata property manager to help run the strata corporation. Strata property management companies offer a range of services.
Strata property managers are licensed and regulated by the Real Estate Council of BC (RECBC). RECBC also addresses public complaints about strata property managers.
Strata property managers might help the strata by:
- Attending strata council meetings
- Preparing the minutes of all meetings, including strata council meetings
- Distributing minutes from meetings to owners
- Preparing annual budgets and financial statements
- Collecting strata fees and other money owed to the strata corporation
- Paying strata corporation bills
- Securing suitable insurance for the strata corporation
- Keeping records for the strata corporation
- Providing access to strata corporation records
- Preparing documents on behalf of the strata corporation, such as an Information Certificate (Form B) or Certificate of Payment (Form F)
- Entering into contracts and arranging services for the strata corporation for things like landscaping, insurance, electrical services, maintenance, and more
- Hiring and supervising employees who work for the strata corporation
- Providing emergency contacts and services
Property managers or property management companies cannot apply for strata dispute resolution. They also cannot be named as the respondent. The CRT Rules require that a strata corporation must act through an authorized member of the strata council.
What address do I use for a strata corporation?
It’s important to use the strata corporation’s address that is listed in the Land Title Office. If you don’t use this address, you may not be able to enforce your decision, especially if the strata corporation doesn’t respond and you are seeking a default decision against it.
What are some of the limits on strata property managers?
Under the Strata Property Act and regulations, a strata manager or strata management company is not allowed to:
- Act as an arbitrator in an arbitration proceeding without the consent of all parties
- Keep strata corporation records beyond four weeks after that manager has been removed or replaced by the strata corporation
- Act as a proxy holder for any voter in the strata corporation
- Hold a hearing on behalf of the strata council
Under the Standard Bylaws (which can be amended), a strata manager is not allowed to:
- Determine if a person has contravened a bylaw or rule
- Determine if a person should be fined or determine the amount of a fine for the contravention of the bylaws or rules
- Determine if a person should be denied access to a recreational facility
- Spend strata corporation money for a specific expenditure without a strata council resolution authorizing the specific expenditure or
- Spend strata corporation money for general expenditures without a general spending authority by a strata council resolution. The resolution must set out the maximum sums that can be spent, the purposes for which money can be spent, and any conditions that have to be met before money can be spent.
This information was adapted from the Ministry of Housing’s strata housing website. That site has more detailed information about strata councils and strata property managers.
What is a strata council hearing?
A hearing is an opportunity to be heard in person at a council meeting. The request must be made in writing, and the strata council must hold a meeting to listen to an owner or tenant’s perspective on a problem or dispute. An owner or tenant can provide information, documents or evidence to support their position.
You might ask for a hearing to:
- Ask the strata council for a decision about something
- Make a formal request for something
- Present information and explain your position on a dispute
You are required to request a hearing with your strata council before applying for CRT dispute resolution. If you resolve your problem at the hearing, you won’t need to apply to the CRT for dispute resolution or pay the CRT fees.
To learn more about strata council hearings for different types of problems, try using the Solution Explorer.