Strata Property FAQs

Strata Owners and ResidentsPermanent link to this section

• What legislation governs strata/condominium matters?Permanent link to this section

  The Strata Property Act and Regulations plays a major role. The Act, its Regulations and Forms are available at Laws Publications — Government. For basic information on the Strata Property Act and Regulations, please also refer to Strata legislation — Province of British Columbia (gov.bc.ca). Other legislation that can impact strata corporations, strata councils, strata lot owners and tenants includes, but is not limited to: the Human Rights Code, the Real Estate Services Act and the Residential Tenancy Act. As well, local government bylaws may impact strata corporations and residents.

• What changes has government made to the Strata Property Act?Permanent link to this section

  For information about recent changes to the Strata Property Act please see Strata legislation and changes — Province of British Columbia (gov.bc.ca).

• Who manages a strata development and the strata corporation?Permanent link to this section

  The Strata Property Act and Regulations provide a framework for the creation and operation of strata developments. The legislation provides for strata corporations to operate and make decisions based on democratic principles. Under the Act, the strata lot owners elect a strata council that manages the development and the strata corporation. Many strata corporations hire a strata manager to help the strata council perform certain tasks.

  For more information please see the Provincial Government Strata Housing website.

• Who enforces the Strata Property Act?Permanent link to this section

  The Strata Property Act is self-governing legislation. It is the responsibility of the strata lot owners and other interested parties to administer and implement the provisions of the Act. If necessary, strata lot owners may also use the Civil Resolution Tribunal, a mediator, an arbitrator, or the courts.

  For more information please see the BC Civil Resolution Tribunal website.

  BCFSA does not provide legal advice and does not play a role in enforcing the provisions of the Act.

• Must a strata manager be licensed?Permanent link to this section

  Under the Real Estate Services Act, a strata manager must either be licensed or exempt from the licensing requirement. See the Real Estate Services Act.
  
  View the Licensing and Education page for more information on licensing requirements.

  View the Real Estate Services Regulation for exemption requirement.

• How can a strata lot owner make a complaint about a strata manager?Permanent link to this section

  A complaint about a strata manager should be made to the strata council.

  For more information ,view the Working with a Strata Management Company guide.

• Was a Rental Disclosure Statement filed for my development?Permanent link to this section

  Upon payment of the $38 fee, BCFSA’s Records department can confirm whether a Rental Disclosure Statement was filed for a particular development and provide a copy of any such filing. For more information on Rental Disclosure Statements please see the Rentals Permitted within a Strata Corporation.

DevelopersPermanent link to this section

• What obligations do developers have to strata owners when creating a strata development?Permanent link to this section

  For more information please see The Role and Responsibilities of Owner Developers.

• Must a developer obtain our approval for any Schedules in respect of a strata plan that it wishes to register at the Land Title Office?Permanent link to this section

  Our approval is required for some Schedules that are to be registered at the Land Title Office with a strata plan. In particular, the Superintendent of Real Estate’s approval is required for three types of Schedules in the following circumstances.

  Schedule of Unit Entitlement
  
  (i.e., Form “V” under the current Strata Property Act and Form 1 under the old Condominium Act). The Superintendent’s approval is required:

  • if the development contains both residential and non-residential strata lots (see the Strata Property Act, section 246(5));
  • if the unit entitlement is based on something other than the habitable area or a whole number that is the same for each strata lot (see the Strata Property Act, sections 246(3)(a)(iii), 246(3)(b)(iii), and 246(6)(b));
  • if the unit entitlement will change as a result of a strata plan amendment (see the Strata Property Act, section 264(6)(a)); or
  • if the strata plan is phased and the strata plan for the first phase was registered under the old Condominium Act (see the Strata Property Regulation, section 17.17).

  Schedule of Voting Rights

  (i.e., Form “W” under the current Strata Property Act and Form 3 under the old Condominium Act). The Superintendent’s approval is required:

  • if the development contains at least one non-residential strata lot and the voting rights are based on a unique formula (see the Strata Property Act, section 248);
  • if the voting rights will change as a result of a strata plan amendment (see theStrata Property Act, section 264(6)(b)); or
  • if the strata plan is phased and the strata plan for the first phase was registered under the old Condominium Act (see the Strata Property Regulation, section 17.17).

  Schedule of Interest on Destruction

  (i.e., Form 2 under the old Condominium Act). The Superintendent’s approval is required:

  • if the strata plan is phased and the strata plan for the first phase was registered under the old Condominium Act (see the Strata Property Regulation, section 17.17).