The Form K creates a critical link between the strata corporation and the tenant, ensuring the orderly management of the building.
The Form K is mandated by Section 146 of the Strata Property Act (SPA). It serves several key purposes:
Imparts Bylaw Awareness: It formally provides the tenant with the current bylaws and rules of the strata corporation. By signing it, the tenant acknowledges they must comply with these rules.
Establishes Tenant Liability: It ensures the tenant understands that if they, their occupants, or their guests contravene a bylaw or rule, the tenant is responsible and may be subject to penalties, including fines or being charged for costs incurred by the strata to remedy the contravention.
Informs the Strata: It formally notifies the strata corporation of the tenant's name, contact information, and the tenancy start date. This is essential for emergency purposes and for maintaining a record of occupants, as required by the Act.
Protects the Tenant (Indirectly): It offers the tenant recourse: if the landlord fails to provide the Form K and the bylaws, the tenant has the right to end the tenancy agreement without penalty within 90 days of finding out about the failure, and the landlord must pay their reasonable moving expenses up to one month's rent.
The responsibility for completing and submitting the Form K lies entirely with the landlord (owner) of the strata lot.
Step / Description / Who Performs It / Details & Requirements
1. Preparation
The landlord must prepare the Form K and attach a current copy of the strata bylaws and rules.
Landlord (Owner)
The attachment of the current bylaws is mandatory.
2. Signing by Parties
The Form K must be signed by both the landlord (or their agent) and the tenant(s) before the tenancy begins.
Landlord & Tenant
The tenant is acknowledging receipt of the bylaws and understanding their responsibilities.
3. Submission to Strata
The landlord must submit a copy of the fully signed Form K to the strata corporation (or strata manager).
Landlord (Owner)
This copy must be given to the strata corporation within 2 weeks of renting the strata lot.
4. Maintenance
If the tenancy changes, the landlord must repeat the entire process, submitting a new Form K for the new tenant.
Landlord (Owner)
A new Form K is required for every new tenancy.
If the landlord fails to submit the signed Form K to the strata corporation within the two-week window, the strata corporation can often impose fines on the owner, provided the strata has a bylaw allowing them to enforce this requirement.