/
POWERS AND DUTIES OF A STRATA CORPORATION & THE ROLE OF POWERS AND DUTIES OF A STRATA CORPORATION & THE ROLE OF

POWERS AND DUTIES OF A STRATA CORPORATION & THE ROLE OF - PowerPoint Presentation

danika-pritchard
danika-pritchard . @danika-pritchard
Follow
431 views
Uploaded On 2017-01-13

POWERS AND DUTIES OF A STRATA CORPORATION & THE ROLE OF - PPT Presentation

Presented by Sean Ingraham FirstService Residential Jamie Bleay Access Law Group Introduction Awareness of powers and duties roles and responsibilities and what can and should be delegated is essential to avoid internal and external challenges to decisionmaking including financial ID: 509273

corporation strata duties council strata corporation council duties property powers bylaws act bylaw amp delegated role section responsibilities power

Share:

Link:

Embed:

Download Presentation from below link

Download Presentation The PPT/PDF document "POWERS AND DUTIES OF A STRATA CORPORATIO..." is the property of its rightful owner. Permission is granted to download and print the materials on this web site for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.


Presentation Transcript

Slide1

POWERS AND DUTIES OF A STRATA CORPORATION & THE ROLE OF THE STRATA COUNCIL

Presented by:

Sean Ingraham -

FirstService

Residential

Jamie Bleay - Access Law GroupSlide2

Introduction

Awareness of powers and duties, roles and responsibilities and what can and should be delegated is essential to avoid internal and external challenges to decision-making, including financial and non-financial decisions.Slide3

Agenda – Duties and Responsibilities

Strata Corporation and the Strata Property ActStrata Council and the Strata Corp. Bylaws

Strata Management Company’s role

Onsite functions

Bringing it all together

Questions and answerSlide4

Strata Corporation

What exactly is a Strata Corporation?A Strata Corporation is a legal entity that comes into existence when the strata plan is filed in the land title office which allows for the subdivision of a parcel of land “into separate components, called strata lots, individually owned along with common components, called common property, owned by all owners.” (section 2 & guide # 3- Province of British Columbia – Role and Responsibilities of Strata Corporations)Slide5

Strata Corporation Power and Duties

A Strata Corporation’s general responsibility is created through the Strata Property Act in Part 2Section 3 which states:

A Strata Corporation is

responsible for managing and maintaining the common property and common assets of the Strata Corporation for the benefit of the owners.Slide6

Powers & Duties of aStrata Corporation

Powers and duties under the Act include:Preparing and keeping records - Section 35

Entering into contracts – Section 38

Holding annual and special general meetings – Sections 40 and 42

A

S

trata Corporation

is required to have an annual budget for annual operating

expenses

Part 6 –

Finances

Slide7

Powers & Duties of a Strata Corporation

Duty to repair and maintain common property – Section 72

Power

to borrow money – Section

111

A

S

trata Corporation

can sue (and be sued) as a representative of the

owners

– Part 10 – Legal proceedings and arbitration

Power

to sue an owner for monies owing – sections 112 to 118

Power

to make bylaws and rules – Part 7 – Bylaws and

rules

Power

to enforce bylaws and rules - Section 26Slide8

Strata Corporation and the Strata Property Act

Under the bylaws:Considerable decision-making powers and dispute resolver– see bylaws 3, 5, 6, for example

Debt collector – bylaw 1

Refinement of repair and maintenance obligations – bylaw 9

Spending/spending restrictions – bylaw 21

Fines – bylaw 23Slide9

Strata Corporation and

the Strata Property ActThe Strata Corporation therefore has a wide variety of duties and responsibilities.

Who will exercise the power and duties

of the

Strata Corporation?Slide10

Strata Council and the Strata Property Act

Strata Councils!

Part

4 of the Strata Property Act

The

eligible voters (ownership) must elect a Council.

The Council must exercise the

powers

and perform the duties

of the Strata

Corporation.Slide11

Strata Council and the Strata Corporation Bylaws

Clarifying the Strata Council Role. Bylaws outline important information:Council make up and size

Officer positions

Ability to delegate

Meeting guidelines

More duties and responsibilitiesSlide12

Duties and Responsibilities:Obtain quotes for landscaping, carpet cleaning,

powerwashing of parkade/sidewalks/window washing etc. Guide strata through major building repairs

Obtain engineers report / depreciation report

Maintain and coordinate schedule for maintenance of quarterly, semi and annual building items

i.e

in-suite fire inspections, alarm monitoring, elevator(s), winterization, emergency generator etc.,

Educate owners on various issues i.e. security in and around strata, bylaw infractions, importance payment of strata fees, insurance

Send correspondence on behalf of strata council- letters, building notices, meeting minutes, etc.

Maintain and provide financial records, insurance, appraisal and all strata records

Issue Form F and Form B’s for realtors/lawyers for sale of units

Attend and record council meeting minutes and provide agenda and necessary attachments.

Ensure Annual General Meetings are held and if necessary Special General Meetings.

Provide knowledge/interpretation of Strata Property Act

Liaise with onsite staff and contractors when necessary

Facilitate key fob, parking, locker, security audits, if necessary

Ensures owner’s requests for in-suite renovations are directed to strata council and relay strata council’s response to owner.

Provide interpretation of strata corporation bylaws and when necessary register Form I – Bylaw Amendments.

Provide warranty updates if necessary

And so much moreSlide13

Strata Management

The Strata Council can delegate many of the duties to a Strata Management company. The Strata Management company works for the Strata Corporation but takes direction from the Strata Council. Slide14

Strata Management

Tasks that cannot be delegated using the standard bylaws:Bylaw contraventions and finesDenying access to amenities

Spending

funds without a Strata Council

resolution

Slide15

Strata Management

Tasks that cannot be delegated regardless of bylaw:Be a proxy holderHold hardship hearings in regards to rentalsHold

hearings in regards to bylaw contraventionsSlide16

Onsite Functions

Onsite Building FunctionsProviding access to tradesPosting notices

Monitoring the building and residence

SecuritySlide17

Powers & Duties of the Strata

Corporation

Typical Scenario

Noise complaint from an owner.

Strata Manager receives correspondence (delegated)

Strata Council directs a violation letter be sent to the alleged (duty)

Strata Manager send letter. (delegated)

Strata Manager receives response requesting hearing. (delegated)

Council holds hearing and meets alleged. (duty)

Council directs $25 fine be issued. (duty)

Strata Manager issues violation fine. (delegated)

Slide18

Powers & Duties of the Strata

Corporation

Streamlining operation tips:

Read the bylaws – 1

st

annual council meeting

Authorize the Strata Manager a maximum limit on general spending. Example $2000

Committees – Harness passions

Point person on Council

Lock boxes for small Strata CorporationsSlide19

Strata Corporation and

the Strata Property ActImportant considerations to keep in mind:

Take the role seriously;

Avoid pursuing your own agenda or risk significant consequences;

Know when it is time to step down; and

Know when to seek outside help when things go wrong and let someone else be

the condo cops! Slide20

www.youtube.com/watch?v=-RLGMjWv48QSlide21

POWERS AND DUTIES OF A STRATA CORPORATION & THE ROLE OF THE STRATA COUNCIL

Questions?Slide22

POWERS AND DUTIES OF A STRATA CORPORATION & THE ROLE OF THE STRATA COUNCIL

Presented by:

Sean Ingraham -

FirstService

Residential

Jamie Bleay - Access Law Group