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
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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