The Strata Concept (22:III) - Revision history

LSLAP: /* 4. Sections Within a Strata Corporation */

2025-10-14T04:18:42Z

4. Sections Within a Strata Corporation

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	Part 11 of the ''SPA'' enables strata corporations to establish sections, which create ''mini strata corporations'' nested within the strata corporation. Sections act as smaller governance structures that represent groups of owners within a strata corporation that share similar interests due to owning similar types of strata lot.		Part 11 of the ''SPA'' enables strata corporations to establish sections, which create ''mini strata corporations'' nested within the strata corporation. Sections act as smaller governance structures that represent groups of owners within a strata corporation that share similar interests due to owning similar types of strata lot.

	From section 194 of the ''SPA'', as a section is a corporation, the provisions of the SPA generally apply to them as if they were strata corporations. Accordingly, some of their powers include:		From section 194 of the ''SPA'', as a section is a corporation, the provisions of the ''SPA'' generally apply to them as if they were strata corporations. Accordingly, some of their powers include:

	* Creating a budget to which their owners must contribute;		* Creating a budget to which their owners must contribute;

LSLAP at 19:45, 13 October 2025

2025-10-13T19:45:42Z

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	{{REVIEWED LSLAP \| date= ~~August 1, 2024~~}}		{{REVIEWED LSLAP \| date= 24 July 2025}}
	{{LSLAP Manual TOC\|expanded = strata}}		{{LSLAP Manual TOC\|expanded = strata}}

LSLAP: /* F. Kinds of Strata Lot */

2025-09-29T15:45:17Z

F. Kinds of Strata Lot

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	“Residential strata lot” is defined as a strata lot that is designed or intended to be used primarily as a residence (''SPA'', s 1(1)). There is no definition of a non-residential strata lot, so it would simply be a strata lot not designated as a residential strata lot. However, whether a strata lot is a residential strata lot might not be clear in some cases.		“Residential strata lot” is defined as a strata lot that is designed or intended to be used primarily as a residence (''SPA'', s 1(1)). There is no definition of a non-residential strata lot, so it would simply be a strata lot not designated as a residential strata lot. However, whether a strata lot is a residential strata lot might not be clear in some cases.

	The designation of a strata lot depends in part on the strata development’s zoning permissions. However, zoning is not sufficient by itself to determine whether a strata lot is a residential strata lot for the purposes of the SPA: see [https://www.canlii.org/en/bc/bcca/doc/2017/2017bcca183/2017bcca183.html ''East Barriere Resort Limited v The Owners, Strata Plan KAS1819'', 2017 BCCA 183] at para 46, where the BC Court of Appeal ruled that the residential intention or design behind a strata lot must be interpreted using the documents at and around the strata corporation’s creation, although the applicable zoning regulations are a useful aide for that interpretation.		The designation of a strata lot depends in part on the strata development’s zoning permissions. However, zoning is not sufficient by itself to determine whether a strata lot is a residential strata lot for the purposes of the SPA: see ''[https://www.canlii.org/en/bc/bcca/doc/2017/2017bcca183/2017bcca183.html East Barriere Resort Limited v The Owners, Strata Plan KAS1819]'', 2017 BCCA 183 at para 46, where the BC Court of Appeal ruled that the residential intention or design behind a strata lot must be interpreted using the documents at and around the strata corporation’s creation, although the applicable zoning regulations are a useful aide for that interpretation.


	{{LSLAP Manual Navbox\|type=chapters15-23}}		{{LSLAP Manual Navbox\|type=chapters15-23}}

LSLAP: /* 2. The Strata Lot Owners */

2025-09-29T15:44:51Z

2. The Strata Lot Owners

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	that protect a strata council’s power to determine responsibility for cases of breaches of bylaws or rules.		that protect a strata council’s power to determine responsibility for cases of breaches of bylaws or rules.

	The courts have not recognized other mechanisms for owners to direct the actions of strata councils: see [https://www.canlii.org/en/bc/bcsc/doc/2005/2005bcsc1866/2005bcsc1866.html ''Enefer v The Owners, Strata Plan LMS 1564'', 2005 BCSC 1866] and [https://www.canlii.org/en/bc/bcsc/doc/2007/2007bcsc276/2007bcsc276.html ''Nomani v The Owners, Strata Plan LMS 3837'', 2007 BCSC 276].		The courts have not recognized other mechanisms for owners to direct the actions of strata councils: see ''[https://www.canlii.org/en/bc/bcsc/doc/2005/2005bcsc1866/2005bcsc1866.html Enefer v The Owners, Strata Plan LMS 1564]'', 2005 BCSC 1866 and ''[https://www.canlii.org/en/bc/bcsc/doc/2007/2007bcsc276/2007bcsc276.html Nomani v The Owners, Strata Plan LMS 3837]'', 2007 BCSC 276.

	=== 3. Strata Lot Tenants and Occupants ===		=== 3. Strata Lot Tenants and Occupants ===

LSLAP: /* 1. The Strata Corporation */

2025-09-29T15:44:20Z

1. The Strata Corporation

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	* Enforcing the strata corporation’s bylaws.		* Enforcing the strata corporation’s bylaws.

	A strata corporation has the power to enter into contracts, sue, and be sued. The [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/02057_00_multi ''Business Corporations Act'', SBC 2002, c 57] does not apply to strata corporations except as otherwise provided for in the ''SPA'' (''SPA'', s 291).		A strata corporation has the power to enter into contracts, sue, and be sued. The ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/02057_00_multi Business Corporations Act]'', SBC 2002, c 57 does not apply to strata corporations except as otherwise provided for in the ''SPA'' (''SPA'', s 291).

	The powers and duties of a strata corporation are initially performed by the owner developer, and afterwards, by the strata council.		The powers and duties of a strata corporation are initially performed by the owner developer, and afterwards, by the strata council.

LSLAP: /* A. The Strata Property Act */

2025-09-29T15:43:56Z

A. The Strata Property Act

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	\|}		\|}

	Many provisions of the ''SPA'' mention "the regulations,” which often refers to the [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/12_43_2000 ''Strata Property Regulation'', BC Reg 116/2023] [''SPR'']. Some provisions of the ''SPA'' can only be fully understood when read in conjunction with the ''SPR''.		Many provisions of the ''SPA'' mention "the regulations,” which often refers to the ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/12_43_2000 Strata Property Regulation]'', BC Reg 116/2023 [''SPR'']. Some provisions of the ''SPA'' can only be fully understood when read in conjunction with the ''SPR''.

	At the end of the ''SPA'' is the Schedule of Standard Bylaws, which lists the bylaws that would apply to a strata corporation unless it files different bylaws to replace them.		At the end of the ''SPA'' is the Schedule of Standard Bylaws, which lists the bylaws that would apply to a strata corporation unless it files different bylaws to replace them.

LSLAP: /* A. The Strata Property Act */

2025-09-29T15:43:12Z

A. The Strata Property Act

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	== A. The Strata Property Act ==		== A. The Strata Property Act ==

	The [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/98043_00 ''Strata Property Act'', SBC 1998, c 43] [''SPA''] is the piece of legislation that governs strata housing in British Columbia.		The ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/98043_00 Strata Property Act]'', SBC 1998, c 43 [''SPA''] is the piece of legislation that governs strata housing in British Columbia.

	The sections of the ''SPA'' are divided into 17 thematic Parts. The following chart roughly summarizes the kinds of provisions found in each of the Parts:		The sections of the ''SPA'' are divided into 17 thematic Parts. The following chart roughly summarizes the kinds of provisions found in each of the Parts:

LSLAP: /* 4. Amendments */

2024-08-01T19:25:42Z

4. Amendments

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	The ''SPA'' allows strata plans to be amended. For example, strata lots can be added, divided, or combined. Common property can be incorporated into a strata lot, and a strata lot can be incorporated into common property. Designations of limited common property can be added or removed (''SPA'', s 257).		The ''SPA'' allows strata plans to be amended. For example, strata lots can be added, divided, or combined. Common property can be incorporated into a strata lot, and a strata lot can be incorporated into common property. Designations of limited common property can be added or removed (''SPA'', s 257).

	A strata corporation can designate common property as limited common property without needing to amend the strata plan with a ~~3/4~~ vote at an annual or special general meeting and by subsequently filing a sketch plan (''SPA'', s 74).		A strata corporation can designate common property as limited common property without needing to amend the strata plan with a ¾ vote at an annual or special general meeting and by subsequently filing a sketch plan (''SPA'', s 74).

	== D. Bylaws and Rules ==		== D. Bylaws and Rules ==

LSLAP at 19:23, 1 August 2024

2024-08-01T19:23:24Z

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	{{REVIEWED LSLAP \| date= ~~July 24~~, ~~2023~~}}		{{REVIEWED LSLAP \| date= August 1, 2024}}
	{{LSLAP Manual TOC\|expanded = strata}}		{{LSLAP Manual TOC\|expanded = strata}}

LSLAP: /* 4. Sections Within a Strata Corporation */

2024-08-01T19:12:24Z

4. Sections Within a Strata Corporation

← Older revision		Revision as of 19:12, 1 August 2024
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	Part 11 of the ''SPA'' enables strata corporations to establish sections, which create ''mini strata corporations'' nested within the strata corporation. Sections act as smaller governance structures that represent groups of owners within a strata corporation that share similar interests due to owning similar types of strata lot.		Part 11 of the ''SPA'' enables strata corporations to establish sections, which create ''mini strata corporations'' nested within the strata corporation. Sections act as smaller governance structures that represent groups of owners within a strata corporation that share similar interests due to owning similar types of strata lot.

	From section 194 of the ''SPA'', as a section is a corporation, the provisions of the SPA generally ~~applying~~ to them as if they were strata corporations. Accordingly, some of their powers include:		From section 194 of the ''SPA'', as a section is a corporation, the provisions of the SPA generally apply to them as if they were strata corporations. Accordingly, some of their powers include:

	* Creating a budget to which their owners must contribute;		* Creating a budget to which their owners must contribute;