Quick links
- BC Strata Housing: Strata councils
- Council member code of conduct
- OIPC: Privacy guidelines for strata corporations and strata agents
- Strata Property Act
- Standard Bylaws
What is a strata council?
Strata Property Act (SPA) s. 4 says the responsibilities of the strata corporation must be exercised and performed by a strata council. At each annual general meeting (AGM) the eligible voters elect council members to serve on the strata council (SPA s. 25). The number of people on the strata council is determined by the strata’s bylaws. Standard Bylaws 9 and 10 say that the council must have at least 3 and not more than 7 members and that a council member’s term of office ends at the end of the AGM at which the new council is elected.
Under Standard Bylaw 9, if the strata plan has fewer than 4 strata lots or the strata corporation has fewer than 4 owners, all the owners are on the council. No election is necessary.
Example 1: There are 3 strata lots. Baljeet and Julie own strata lot 1. Wei owns strata lot 2. Peter, Margrit, and Hanna own strata lot 3. All 6 owners are automatically on council. However, when a matter is voted on at a council meeting, only 1 person per strata lot can vote.
Example 2: There are 9 strata lots: Jim owns 6 strata lots, Saira owns 1, and Ming owns 2. All 3 owners are automatically on council. When matters are voted on at a council meeting, they each get 1 vote.
Who can be a council member?
Owners are eligible to be council members as well as individuals representing corporate owners, and tenants who have been assigned a landlord’s right to stand for council (SPA s. 28). Your bylaws might allow other people who are not on title to be council members such as spouses, parents, or adult children of an owner. A Power of Attorney is not permitted to be a council member unless permitted in the bylaws.
What if an owner owes strata fees or a special levy to the strata? A strata corporation may have a bylaw that says a person can’t be a council member if the strata corporation is entitled to register a lien against their strata lot (SPA s. 28(3)). Learn more about liens.
Acting in the best interests of the owners
A council member must act in the best interests of the owners. It’s not always easy to set aside personal feelings but your decisions will affect everyone. Over the years, the BC Supreme Court (BCSC) has provided guidance.
“An equitable balance must exist between the independence of the individual owners and the interdependence of them all in a co-operative community.” VR2122, 2017 BCSC 2386
A well-run strata corporation improves quality of life and maintains property values for all owners. “A strata corporation, in carrying out its mandate, must consider and act in the best interests of all the owners. It must endeavor to accomplish the greatest good for the greatest number.” Gentis, 2003 BCSC 120
Council members are legally required to act honestly, prudently, in good faith, and to refrain from voting where a conflict of interest occurs (SPA s. 31 & 32).
What is the council responsible for?
The council is responsible for managing and maintaining the common property and common assets of the strata corporation for the benefit of the owners (SPA s. 3). All council members are equally responsible for the management of the strata corporation.
The core responsibilities of the council are:
- Administration such as banking and hiring contractors
- Repair and maintenance of common property and common assets
- Obtaining strata insurance
- Enforcing bylaws and rules
- Keeping records
- Directing the strata manager (if any)
Additionally, all council members are expected to:
- Learn and comply with the Strata Property Act, Regulation, bylaws and other laws such as the Personal Information Protection Act and Human Rights Code
- Attend and participate in council meetings
- Act only with council approval
- Review all financial reports
- Review the depreciation report
- Accept decisions made by a majority vote of council members including:
- Expenditures (following the approved budget or resolutions passed by the owners)
- Choice of strata manager, trades, and contractors
- Decisions about maintenance and repairs
- Enforcement of bylaws and rules
- The resolutions and proposed budget for the next AGM
At the first meeting of the council held after each AGM, the council must elect the following officers, from among its council members: a president, a vice president, a secretary and a treasurer (Standard Bylaw 13). A person may hold more than one office at a time such as: president/secretary, vice president/treasurer, secretary/treasurer. However, president and vice president cannot be combined. The vice president must be another person so they can take on the duties of the president if the president is absent or is unwilling or unable to act.
With only a few exceptions related to the president and vice president, the Strata Property Act and Standard Bylaws do not assign specific duties to the president, vice president, secretary, and treasurer. At the first council meeting of the year, it is a good practice to review and divide the duties. Every strata is different. The agenda for a council meeting might be prepared by the president or secretary. The insurance renewal might be handled by the treasurer or secretary. The treasurer might enlist a couple of council members to help prepare a draft budget. A council member might fill in and take minutes while the secretary is on vacation.
Strata council members might divide the duties in a manner such as this:
Duties of the strata council president
- Chair council meetings as well as annual and special general meetings (AGMs and SGMs)
- Prepare council meeting agendas
- If a written demand (petition) is received, SPA s. 43(4) and SPA s. 51(7) say that the president may call the SGM without holding a council meeting.
- If permitted by the bylaws, the president may break a tie vote at an AGM or SGM by casting a second, deciding vote. (Standard Bylaw 27)
- If permitted by the bylaws, the president may break a tie vote at a council meeting by casting a second, deciding vote. (Standard Bylaw 18)
Duties of the strata council vice president
- Take on the duties of the president if the president is absent or is unwilling or unable to act (Standard Bylaws 13, 25, 27)
Duties of the strata council treasurer
- Collect strata fees and pay bills
- Do bookkeeping and prepare financial statements for the
- Operating fund
- Contingency reserve fund (CRF)
- Special levy fund (if any)
- Renew the strata’s insurance coverage
- Draft a proposed budget for the AGM
- Recommend an amount to contribute to the CRF in consideration of the depreciation report
- Present options for investing the CRF
- Complete forms as needed such as Forms B and F
Duties of the strata council secretary
- Prepare meeting agendas
- Record the minutes of meetings
- Maintain the strata corporation’s records
- Manage correspondence
- Draft the Notice for AGMs and SGMs
- Distribute notices
- Act as privacy officer
- Complete forms as needed such as Forms B and F
What if there aren’t enough council members?
There are times when a strata corporation cannot elect the minimum number of council members stated in the bylaws. The strata corporation cannot legally function without a council to make decisions and carry them out, pay the bills, maintain the common property, enforce the bylaws, or even give directions to a strata manager.
A SGM can be held to hold another election or elect the number of additional council members to form a council. Under SPA s. 43, persons holding at least 20% of the strata corporation’s votes may call an SGM by written demand. Learn more about calling a SGM.
If further elections are unsuccessful or there are other reasons why the strata corporation cannot manage its affairs, there is a process for the Supreme Court to appoint an administrator. SPA s. 174 says “The strata corporation, or an owner, tenant, mortgagee or other person having an interest in a strata lot, may apply to the Supreme Court for the appointment of an administrator to exercise the powers and perform the duties of the strata corporation.”
This can be a lengthy and expensive undertaking and the request might not be approved by the court.
The court may appoint an administrator if, in the court’s opinion, the appointment of an administrator is in the best interests of the strata corporation. It may appoint the administrator for an indefinite or set period, order that the administrator exercise or perform some or all of the powers and duties of the strata corporation, and relieve the strata corporation of some or all of its powers and duties.
The court appoints the administrator and sets their remuneration which must be paid by the strata corporation.
Can council members be paid?
Strata Property Act s. 34 allows the strata corporation to pay a council member for performing their duties but only if it’s approved in advance. The owners may approve this in the budget, in the bylaws, or by a resolution passed by a 3/4 vote at an AGM or SGM.
The strata may want to seek legal advice to understand how this may affect taxes and insurance, as well as obligations regarding the Employment Standards Act and WorkSafeBC.
Can the strata have committees?
Some stratas have committees to manage maintenance, gardening, social events, parking, or other matters. If permitted by the bylaws, council may delegate some or all of its powers and duties to one or more council members or persons who are not members of the council (Standard Bylaw 20). A “person” could be an owner, tenant, occupant, manager or any other person. Standard Bylaw 20 sets out certain conditions. For example, council cannot delegate its powers to determine whether a person has contravened a bylaw or rule, or to levy a fine. Future councils may renew or revoke the delegation.
Common examples of delegations to a person or a committee include duties and/or spending authority related to:
- Gardening
- Organizing social events such as holiday parties or BBQs
- Doing the bookkeeping or taking minutes
- Researching projects such as EV charging infrastructure
Delegations are decisions that must be voted on at council meetings and recorded in the minutes. The motion should be specific so that council members and owners know who has authority, the scope of authority delegated, and the time period for the authority given. For example, the council could vote on a motion to delegate authority to a gardening committee for up to 6 months to spend up to $900 to buy flowers for the gardens in the courtyard and submit a report to council with receipts for all expenditures by [date].
Council members are responsible for the actions and performance of any delegates. Despite best intentions, there are times when delegates and committees become dysfunctional or there are misunderstandings about the scope of authority. Council may revoke the delegation of authority by voting on a motion at a council meeting and recording the decision in the minutes.
Member-only resources
Log in to your account to access the following resources. *Indicates a resource for corporate members only.
- Notice of general meeting template*
- Worksheet for creating a budget and calculating strata fees by unit entitlement (Excel)*
- Sample minutes of an AGM or SGM*
- Council meeting minutes – examples of good and bad minutes*
