Who’s Who

There is no one at the table speaking exclusively for individual strata lot owners in BC. The ‘voices’ heard by Government come only from strata ‘industry’ stakeholders—professional organizations in the property management field, self-appointed associations that do not consult with a representative number of strata lot owners and a Civil Resolution Tribunal that ignores the consumer protection purpose of the Strata Property Act.

The Maze of Influence

Strata Councils

The strata council is the elected body for the strata corporation and carries out the duties and affairs of the strata corporation. Council members have no more authority  than every strata lot owner, with the exception of the strata council president who can cast a second vote at council meetings to break a tie and chair general meetings.

Strata Property Act

Council exercises powers and performs duties of strata corporation

26 Subject to this Act, the regulations and the bylaws, the council must exercise the powers and perform the duties of the strata corporation, including the enforcement of bylaws and rules.

The Strata Property Act states that the strata council’s role is to “exercise the powers and perform the duties of the strata corporation, including the enforcement of bylaws and rules.”

The strata council:

  • acts as the managing body for the strata corporation
  • makes daily decisions that enable the strata corporation to operate smoothly and
  • operates according to the Strata Property Act, regulations, bylaws and rules or a majority vote of the owners

The Strata Property Act requires council members to have a standard of care in performing their duties on council:

Council member’s standard of care

31 In exercising the powers and performing the duties of the strata corporation, each council member must (a) act honestly and in good faith with a view to the best interests of the strata corporation, and
(b) exercise the care, diligence and skill of a reasonably prudent person in comparable circumstances.

The Civil Resolution Tribunal does not have jurisdiction over SPA s.31.

The Civil Resolution Tribunal responds to dispute claims requesting an Order that strata councils properly adhere to all strata legislation by saying there is no need for such an Order as strata councils are already legally obliged to do so. The CRT will not impose any penalty on a strata council that violates the Strata Property Act/Regulations or strata bylaws although the CRTA states they can.

Strata councils are shielded from accountability by the Strata Property Act and Civil Resolution Tribunal.

The lack of penalties in the Strata Property Act create an obstacle to justice and fairness for strata owners. The omission of penalties encourages and facilitates corruption by strata councils and exploitation of strata owners.

Accountability in the Strata Property Act pertains only to conflict of interest in a contract or transaction, but SPA 33 regarding council members conflict of interest is the jurisdiction of BC Supreme Court not CRT.

Strata council members are volunteer owners with no legislated requirements for qualifications or training.

Strata Agents

Strata agents are licensed by the BC Financial Services Authority (BCFSA) and are required to pass the Strata Management Licensing Course  delivered by the UBC Sauder School of Business.

Strata agents are assigned to strata corporations by a contracted strata management company. The strata agent, through that contract, can only act at the direction of the strata council. While strata agents routinely conduct financial and administrative functions and control strata records for strata corporations, strata agents have no legislated authority and are shielded from accountability by the Strata Property Act and the Civil Resolution Tribunal.

Before your strata considers a strata management company or if you are having problems with your strata agent, check out stratawatch.ca for ratings and reviews. You can see at a glance how the company is rated and if there has been any disciplinary action against them by the regulatory body.

Strata agents can belong to multiple strata industry associations like the SPABC and PAMA which are known to lobby government for changes to the Strata Property Act for the benefit their industry even though the Strata Property Act does not govern strata agents.

Civil Resolution Tribunal

  • In 2016, the BC government replaced the public justice system with the Civil Resolution Tribunal for strata property disputes—enabled by the Civil Resolution Tribunal Act. The initial Act was introduced and passed without any consultation with the Bar or the judiciary.
  • There is no mention of consumer protection in the CRTA.
  • CRT has changed established property and legal rights for owners, restricted legal representation while impairing legal knowledge for users, relies on hearsay evidence and blocks appeals.
  • Restricts legal representation for individuals, but allows strata corporations to use owners’ funds to receive legal counsel as ‘helpers’ throughout the Tribunal process, including actually writing responses, evidence and arguments.
  • Adjudicators for strata disputes are not required to be practicing strata property lawyers. CRT’s announcement about Amendments in 2018 included: “…Provide that the CRT is an expert tribunal for all matters except general small claims and motor vehicle liability issues.” —even though none of the current Tribunal members have practiced strata property law for 5 years.
  • The Chair of the Civil Resolution Tribunal makes and changes their own Rules.

» Learn more about the Civil Resolution Tribunal

» CBABC Position Paper on Civil Resolution Tribunal Act Amendments, 2018

**NOTE: The CRT does not have jurisdiction over strata agents!

BCFSA

The BC Financial Services Authority (BCFSA)  licenses strata agents and managing brokers. Previously this licensing was done by RECBC. The BCFSA has a general policy of taking complaints from strata councils while discouraging complaints from individual strata owners. This means that strata owners are not adequately protected from incompetent strata managers who advise volunteer strata councils when the owner, but not the strata council, is aware of incompetence.

From VISOA recommendations:

Standards of practice for strata managers need to be established, supported and enforced by a provincial authority that has homeowner protection as its core mandate.

(See Appendix A VISOA 2015)

The former RECBC is now integrated into BCFSA.

Blair Morrison, Chief Executive Officer, BCFSA claims:

Strengthening consumer protection will be a major focus for BCFSA.” but the BCFSA directs strata owners to the CRT for handling strata disputes. In an inquiry directly requesting information on how the BCFSA has ‘strengthened consumer protection’ for actual consumers, the response simply parroted the Real Estate Services Act and BC Government guidelines for stratas and could provide no specific consumer protection actions or tools for individual strata owners. In other words, the BCFSA does not, in fact, provide consumer protection for strata owners and neither does the Consumer Protection BC, the provincial regulator.

BCFSA’s policy is to accept strata agent and strata management company complaints from strata councils, while actively discouraging complaints from individual strata lot owners.

From the BCFSA website:

As an agent of the strata corporation, the strata management company and its strata managers are obligated to act on the instructions of the strata corporation which are given by the strata council. On occasion, owners may disagree with the actions of the strata manager. Because the strata manager is acting under the direction of the strata council, the owner should address their concerns to the strata council. It will be up to the strata council to consider the owner’s concerns and take action if appropriate, which may include submitting a complaint to BCFSA.

Condomium Home Owners Association (CHOA)

CHOA describes themselves:

As the largest association representing the strata industry in British Columbia, CHOA provides advisory services, education, resources, and support for our members. We actively assist our members, and the strata industry, to help make strata living a positive experience.

Tony Gioventu, Executive Director of CHOA since 2002 regularly publishes strata-related articles in the media in a column titled ‘Condo Smarts’. These are opinion pieces—Tony Gioventu is not a strata lawyer. The advice or guidance provided by CHOA has no legal authority.

Associate Membership (Individual) is $100/annual.

Vancouver Island Strata Owners Association (VISOA)

VISOA describes the organization:

The Vancouver Island Strata Owners Association (VISOA) is an independent, non-profit organization supported solely by membership fees. Formed in 1973, it is the longest-running organization of its kind in Canada. VISOA provides education, support, and advocacy for BC strata owners and strata corporations. Membership is open to any resident of B.C., strata corporations (such as condominiums, town homes, bare land and commercial stratas) and businesses that provide goods and services to stratas. As part of its mandate, VISOA meets with government and industry associations, and sits on advisory panels to advocate for BC strata owners and strata corporations.

VISOA conducts education webinars presented by industry businesses and strata lawyers. They also have a volunteer Strata Support Team available to answer questions based on membership level with the disclaimer:

No person is permitted to use a reference to VISOA, and its members who are acting on behalf of VISOA, in a manner which claims, implies or suggests that VISOA, or such members, have given a legal or technical opinion, ruling or determination on a particular issue.

Individual Membership is $35/annual—restricts support to issues respecting strata lots only.

CCI Vancouver Chapter (Canadian Condominium Institute)

CCI is an independent, non-profit organization formed in 1982; the Vancouver Chapter was formed in September 2002. CCI encourages all interest groups to work together to create a successful and viable condominium (strata) sector. 

It is the only national association to serve as a clearing house and research centre on condominium issues. It assists members in establishing and operating successful condominium corporations through education, information sharing, workshops and technical assistance.

Individual strata owner membership at $25/annual

» CCI Vancouver Chapter

Strata Property Agents of BC (SPABC)

Strata Property Agents of British Columbia (SPABC) claims to be a strong voice of leadership, advocacy, education and resources for B.C. property management companies.

Despite NOT being governed by the Strata Property Act, SPABC claim they held public consultations and took industry input for proposed new legislation for updating the Act!

For the last five years SPABC has been a leading proponent in updating the Strata Property Act in British Columbia. Public reviews and consultations as well as industry input culminate in 2020 with proposed new legislation.

SPABC has produced a ‘standard’ property management agreement that includes a clause requiring strata corporations to carry insurance for strata agents—in direct violation of Strata Property Act s.155.

» SPABC website

Professional Association of Managing Agents (PAMA)

PAMA is a “non-profit or­gani­zation founded to promote pro­fessional and ethical residential property man­agement. Members recognize re­spon­si­bilities to their investors, clients and to the commu­nity in general, when performing their duties in the management of residential rental properties, strata titled prop­erties and any other properties under their jurisdiction.”

PAMA states as part of its mandate:

“…to give an authoritative voice to the industry in its dealings with legislative and governmental bodies.”

Property managers are routinely contracted to handle strata communications directly with strata owners (quote from standard pm contract)—but are shielded by that same contract and by the Strata Property Act from accountability for that responsibility.

Strata Lawyers

Strata lawyers provide legal counsel to strata corporations regarding interpretation and application of strata legislation, including reviewing proposed bylaw amendments.

Many law firms in BC will only represent strata corporations and property managers and not individual strata owners.

In the event that a strata corporation engages the services of a strata lawyer regarding initiating a legal action the Strata Property Act s. 171 states:

2 Before the strata corporation sues under this section, the suit must be authorized by a resolution passed by a 3/4 vote at an annual or special general meeting.

5 All owners, except any being sued, must contribute to the expense of suing under this section.

Some strata corporations carry ‘Legal Services’ insurance coverage in order to make claims for legal billing.These claims typically have no deductible, but are provided by only a couple of insurers in Canada.

The Law Society of British Columbia is the regulatory body for lawyers in BC who practice strata law.