BILL 8 AND AMENDMENTS TO THE STRATA PROPERTY ACT & REGULATIONS

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Lindsay Hawkins
6 years ago
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1 BILL 8 AND AMENDMENTS TO THE STRATA PROPERTY ACT & REGULATIONS

2 The information presented and discussed in the seminar is not intended as legal advice or an opinion on the merits or questions raised by a participant, and is only intended for educational purposes. Due to the nature of information protected under the Personal Information Protection Act, and the confidentiality of each participant and their strata corporation, answers to strata corporation specific questions cannot be given during the seminar. Participants are advised to seek legal counsel independently regarding the specific nature of a bylaw, bylaw enforcement, interpretation of legislation, or matters relating to contractual relationships. Participants are requested to respect the privacy of those persons attending and participating in the seminars.

3 Understanding how Bill 8 is to be implemented through the regulations.

4 What parts of Bill 8 are in effect? 2, 3, 4, 6, 7b, 8, 9, 11, 13, 14, 17, 18, 20, 24, 26, 28, 29, 32, 33b, 35,

5 The sections of Bill 8 in effect do not correspond to the sections of the Act or Regulations

6 A number of items have not yet been brought into force and are waiting for further consultation or amendments to other legislation.

7 Not in effect Depreciation reports Mandatory audit requirements Form B amendments re: parking No major changes to arbitration No increased role for Provincial Court

8 Bylaws affecting rentals in new developments now require a unanimous vote to pass after the first conveyance and before the 2 nd AGM Prior to December 10, 2009, it was the 1 st AGM

9 A transitional amendment was adopted that provided for bylaws passed but not registered before January 1, 2010

10 is now permitted as a proper form of notice if specific conditions are met

11 Notices records or documents can only be ed by the strata corporation if: the person has not provided the strata with an address outside the strata plan for receiving notices, and the person has provided an address for the purpose of receiving notice, record or document.

12 Managing the obligations and liability may require a strata corporation to obtain a written consent from an owner declaring that the owner does not have an alternate address and that the address they provide is authorized for the receipt of notices.

13 Similar to mailed notices, a document ed is deemed to be delivered 4 days after it was sent.

14 Strata Corporations also need to exercise caution: if a strata corporations conducts business by and do not set limitations to the receipt of to that address, owners may now send a notice to the strata corporation by .

15 The liability sits with council and their activities and the strata agents to declare or inform the recipients of s that their address may not be used for official purposes. Set 1 official address for the strata corporation

16 Section 20/23 owner developer financial records, must now be made available for inspection for 2 years after control is transferred to the strata corporation.

17 Section 35 (n) retention of records from the owner developer now include all of those records that pertain to sections 20 & 23 and must be retained by the strata corporation

18 Section 36 who can inspect records now includes: a former owner or tenant or person authorized by them that related to the period of their occupancy or tenancy

19 Conflict of interest now applies to additional items other than contract or transaction. matter - bylaw drafting, bylaw enforcement

20 Section 34.1 request for a hearing Requirement for period is 4 weeks Requested decision of council is 1 week after the hearing

21 Bylaw registry the 60 day filing limitation was removed Bylaws are only enforceable once they have been filed in the LTO.

22 Section 27 limitation on restriction to the strata corporation directions to council Cannot: contravention and cost of bylaws and rules, hardship exemption rentals

23 Rental bylaws section 142 Family and hardship rentals are exempted from the rental limitation bylaw count

24 Owner developer rental bylaws apply immediately, except where a tenant departs granting a 1 year exemption 143

25 The Rental Disclosure Statement Spagnuolo vs SP BCS 879 indefinite

26 The Rental Disclosure Statement Before January 1, 2010 the language and intent of the disclosure and the first purchaser

27 The Rental Disclosure Statement January 1, 2010 and beyond the rental disclosure applies to all owners of the strata lot(s) if exempted. The RDS applies to the strata lot.

28 January 1, 2010 and beyond all RDS must list a specific date of expiry and the strata lot number (s) to which they apply Section 139

29 Hardship applications (section 144) Hearing requested council has 4 weeks No hearing requested council must inform within 2 weeks or granted Hearing and no decision within 1 week granted No hearing in 4 weeks granted

30 Petitions SGM petition 20% section 43 Agenda petition 20% section 46 Reconsideration 25% section 51 Remove council 20% SB 12 Replace resigned council 25% SB 12

31 Special Levies 108 investment investment interest penalty interest

32 Arbitration minor changes to the order of arbitration vs court proceeding

33 Administrators limitation on powers and duties 174

34 Unit entitlement amendment limitation section 246 regulation OIC 604 Nov 25, 2009

Thank you Condominium Home Owners Association 1.877.353.

101-3115 Skaha Lake Rd. New Westminster, B.C. Victoria, B.C. Penticton, B.

35 Thank you Condominium Home Owners Association Columbia St Cook St Skaha Lake Rd. New Westminster, B.C. Victoria, B.C. Penticton, B.C. V3M 1A4 V8V 4A1 V2A 6G

Setting Agendas & Minutes of Meetings

Setting Agendas & Minutes of Meetings Condominium Home Owners Association of British Columbia Leadership, Education and Resources for strata owners Page across 1 of BC 7 Website: www.choa.bc.ca / Toll-free: Bulletin: 1.877.353.2462 400-015