Operating a strata corporation in British Columbia, Canada, is governed primarily by the Strata Property Act (SPA) and its regulations. Compliance involves a range of legally required forms, documents, and ongoing operational checklists.
Here is a breakdown of the necessary forms and a comprehensive checklist for strata operations and compliance.
The following forms are prescribed under the Strata Property Act Regulation and are essential for various compliance and transactional matters.3
Information Certificate
S. 59
Provides a "snapshot" of the strata lot and corporation, including strata fees, amounts owing, special levies, pending resolutions, and attached documents like the current budget and insurance summary. Mandatory for sale/mortgage transactions.
Certificate of Payment
S. 115
Certifies that the selling owner has paid all money owing to the strata corporation. Mandatory for the Land Title Office to register a transfer of ownership.
Notice of Tenant's Responsibilities
S. 146
An owner who rents out their strata lot must give this notice to the strata corporation, declaring that they have given the tenant a copy of the bylaws and rules, and agreeing that the tenant is responsible for following them.
Certificate of Change of Mailing Address
S. 207
Used to notify the Land Title Office of a change to the strata corporation's official mailing address.
Lien Form
S. 116
A formal notice of a strata corporation's claim of lien against a strata lot for unpaid money (e.g., strata fees, special levies, fines).
Mortgagee's Request for Notification
S. 60
Filed by a lender (mortgagee) to require the strata corporation to send them copies of notices for AGMs/SGMs, or to notify them if a strata lot owner is in arrears.
Compliance goes beyond just forms. The strata council must ensure continuous adherence to the Strata Property Act, the strata's own bylaws and rules, and other relevant legislation like the Personal Information Protection Act (PIPA).4
Annual General Meeting (AGM): Held once per fiscal year, no later than two months after the fiscal year end.
Notice and Agenda package distributed to owners 4 days before the meeting.
Quorum requirements met (usually 1/3 of eligible votes).
Annual Budget and Strata Council elected/ratified.5
Financial Statements reviewed.6
Special General Meeting (SGM): Called when necessary (e.g., to approve a special levy, amend bylaws).
Notice and Agenda package distributed to owners 14 days before the meeting.
Council Meetings: Held as often as required.
Minutes taken and distributed to council for approval.
Minutes made available to owners within two weeks of the meeting.
Financial Records: Maintain accurate books of account (money received/spent), budgets, financial statements, and bank statements.7
The Operating Fund (for annual expenses) and Contingency Reserve Fund (CRF) (for major expenses/replacements) must be separate.8
Bank accounts reconciled monthly.9
Budget Approval: Annual budget passed by a Majority Vote at the AGM.10
Strata Fees & Collections: Establish and consistently follow a policy for collecting fees, applying fines, and enforcing liens (Form H) on delinquent owners.
Maintenance of Common Property: Ensure common property and common assets are maintained and repaired.11
Depreciation Report: Obtain and review a Depreciation Report (or formally vote annually to waive it, if eligible).12
Note: Stratas with 4 or fewer units, or those that have voted to waive it, may be exempt from the requirement to obtain a new report every 3 years.
Electrical Planning Report: Obtain an Electrical Planning Report and associated documentation if required by the Strata Property Act for EV charging infrastructure.13
Record Keeping: Maintain all required records for the minimum period specified in the regulations (e.g., 2 years for correspondence, 6 years for minutes and financial records, permanently for Depreciation Reports, Bylaws, and Strata Plans).
Owner/Tenant List: Maintain an up-to-date list of owners, tenants, strata lot addresses, and mailing addresses.14
Access to Records: Respond to owner/authorized person requests to inspect or obtain copies of records within the legal timeframes (1 week for bylaws/rules, 2 weeks for all other records).15
Privacy Compliance: Ensure the collection, use, and disclosure of personal information complies with the Personal Information Protection Act (PIPA).16
Required Insurance: Obtain and maintain property insurance on common property, common assets, and any fixtures built or installed on a strata lot that are part of the original construction.17
Liability Insurance: Obtain and maintain liability insurance for the Strata Corporation.18
Insurance Summary: Provide a summary of insurance coverage with the Form B.19
Disclaimer: This information is for general guidance only and is not legal advice. A BC strata corporation should consult with a qualified strata lawyer or licensed strata manager to ensure full compliance with the current Strata Property Act and its regulations.