www.choa.bc.ca 1.877.353.2462 BILL 8 AND AMENDMENTS TO THE STRATA PROPERTY ACT & REGULATIONS
www.choa.bc.ca 1.877.353.2462 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.
Understanding how Bill 8 is to be implemented through the regulations.
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,
The sections of Bill 8 in effect do not correspond to the sections of the Act or Regulations
A number of items have not yet been brought into force and are waiting for further consultation or amendments to other legislation.
Not in effect Depreciation reports Mandatory audit requirements Form B amendments re: parking No major changes to arbitration No increased role for Provincial Court
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
A transitional amendment was adopted that provided for bylaws passed but not registered before January 1, 2010
EMAIL is now permitted as a proper form of notice if specific conditions are met
Notices records or documents can only be emailed 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 email address for the purpose of receiving notice, record or document.
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 email address they provide is authorized for the receipt of notices.
Similar to mailed notices, a document emailed is deemed to be delivered 4 days after it was sent.
Strata Corporations also need to exercise caution: if a strata corporations conducts business by email and do not set limitations to the receipt of email to that address, owners may now send a notice to the strata corporation by email.
The liability sits with council and their activities and the strata agents to declare or inform the recipients of emails that their email address may not be used for official purposes. Set 1 official address for the strata corporation
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.
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
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
Conflict of interest now applies to additional items other than contract or transaction. matter - bylaw drafting, bylaw enforcement
Section 34.1 request for a hearing Requirement for period is 4 weeks Requested decision of council is 1 week after the hearing
Bylaw registry the 60 day filing limitation was removed Bylaws are only enforceable once they have been filed in the LTO.
Section 27 limitation on restriction to the strata corporation directions to council Cannot: contravention and cost of bylaws and rules, hardship exemption rentals
Rental bylaws section 142 Family and hardship rentals are exempted from the rental limitation bylaw count
Owner developer rental bylaws apply immediately, except where a tenant departs granting a 1 year exemption 143
The Rental Disclosure Statement Spagnuolo vs SP BCS 879 indefinite
The Rental Disclosure Statement Before January 1, 2010 the language and intent of the disclosure and the first purchaser
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.
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
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
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
Special Levies 108 investment investment interest penalty interest
Arbitration minor changes to the order of arbitration vs court proceeding
Administrators limitation on powers and duties 174
Unit entitlement amendment limitation section 246 regulation 14.13 - OIC 604 Nov 25, 2009
Thank you Condominium Home Owners Association 1.877.353.2462 www.choa.bc.ca 202-624 Columbia St. 222-1175 Cook St. 101-3115 Skaha Lake Rd. New Westminster, B.C. Victoria, B.C. Penticton, B.C. V3M 1A4 V8V 4A1 V2A 6G5 604.584.2462 250.381.9088 250.492.3552