Quick links
- BC Strata Housing: Strata council meetings
- Video: Best practices for strata meeting minutes
- Strata Property Act
- Schedule of Standard Bylaws
- OIPC Privacy guidelines for strata corporations and strata agents
Laws about council meetings
You might be surprised to know that the Strata Property Act (SPA) says very little about council meetings. Most of the rules about council meetings, voting, and minutes are contained in the bylaws. The Standard Bylaws apply except where different bylaws have been registered with the Land Title Office (SPA s. 120). Learn more about bylaws and amending bylaws.
Who can call a council meeting?
Under Standard Bylaw 14, any council member may call a council meeting by giving the other council members at least one week’s notice of the meeting, specifying the reason for calling the meeting. The notice does not have to be in writing.
A council meeting may be held on less than one week’s notice if all council members consent in advance of the meeting, or the meeting is required to deal with an emergency situation, and all council members either consent in advance of the meeting, or are unavailable to provide consent after reasonable attempts to contact them.
The council must inform owners about a council meeting as soon as feasible after the meeting has been called. “Inform” is not as formal as “giving notice” under the SPA. To inform owners of the next council meeting, council could include the date of the next council meeting in council meeting minutes, post a schedule of meeting dates on a bulletin board, include the date in a newsletter or email, or some other method.
How often does a strata council have to meet?
The Strata Property Act and Standard Bylaws do not set a frequency for strata council meetings. Many strata councils meet every 1-2 months, while others meet just a few times per year.
However, there must be at least two council meetings each year.
- The first meeting must be held after the annual general meeting (AGM) so that the newly elected council can elect its officers: president, vice-president, secretary, and treasurer. A best practice is to decide the duties that each council member is responsible for and perform routine annual tasks such as reviewing terms of current contracts and assigning short-term exclusive use of common property such as parking and lockers, if applicable. Learn more about strata councils and duties.
- Another council meeting is necessary prior to the next AGM. The council must prepare a proposed operating budget for the coming year, set the agenda, gather documents, and prepare the Notice of the annual general meeting. Learn more about giving notice of an AGM or SGM.
A council member cannot appoint a proxy (person) to vote for them at a council meeting.
The council decides how frequently to meet and can schedule as many council meetings as it feels is necessary to conduct the business of the strata corporation. A management contract usually specifies how many council meetings the strata manager is required to attend. However there is no reason not to have a council meeting simply because a strata manager cannot attend. Council may direct the manager to carry out any actions that flow from decisions made at the meeting. The strata manager works for you, not the other way around.
Can council meetings be held electronically?
Standard Bylaw 17 says “At the option of the council, council meetings may be held by electronic means, so long as all council members and other participants can communicate with each other.” This means that some or all council members and observers could attend by phone, Zoom, or some other electronic method. These methods can be more inclusive of vacationing or non-resident owners and council members, as well as persons with mobility issues.
If a council meeting is held by electronic means, council members are deemed to be present “in person”.
What is quorum for a council meeting?
Quorum means how many council members have to be in attendance to allow a council meeting to take place. Council members must be present “in person” at the council meeting to be counted in establishing quorum.
A quorum of the council is one if the council consists of one member
2 if the council consists of 2, 3 or 4 members
3 if the council consists of 5 or 6 members
4 if the council consists of 7 members
Who can attend council meetings?
The bylaws say who can attend council meetings. Unless it’s been amended, Standard Bylaw 17 applies. It says “owners may attend council meetings as observers”. As they are observers, they do not have the right to speak. The chair of the meeting may, at their discretion, permit an owner to speak to the topic under discussion.
There is no provision in the SPA or the Schedule of Standard Bylaws that says a tenant can attend a strata council meeting as an observer, however tenants can request a hearing at a council meeting.
Standard Bylaw 17 says that no observers may attend portions of a council meeting that deal with bylaw contravention hearings under SPA s. 135, or any other matters if the presence of observers would, in the council’s opinion, unreasonably interfere with an individual’s privacy. Therefore, observers may be asked to leave a portion of a meeting.
Observers should not be asked to leave the meeting when council discusses correspondence from owners or other topics unless the matter meets the conditions in the bylaws. While council members might feel more comfortable discussing a topic in private, they must allow observers per the bylaws.
What is a hearing?
A hearing is simply a chance to speak to council. To “be heard”. SPA s. 34.1 says that “By application in writing stating the reason for the request, an owner or tenant may request a hearing at a council meeting.” An owner or tenant may request a hearing for any reason. A common reason is to give evidence or tell their side of the story about a contravention, or an alleged contravention, of the bylaws or rules. Learn more about how bylaws and rules are enforced.
After receiving the written request, the council must hold a council meeting to hear the applicant within 4 weeks. Hearings are usually held “in camera” which means that no observers may attend. A hearing isn’t a discussion. It’s a chance for the owner or tenant to speak and provide information or evidence if they wish. After they have spoken, the owner or tenant leaves the meeting and council will discuss the issue.
As this is a council meeting, minutes must be taken. The minutes of hearings are usually confidential, although they may be accessible with a court order. Any decision must be recorded in in the public minutes but include only the minimum amount of information required for legal purposes. For example it was moved by Name, seconded by Name to fine Strata Lot 5 $200 for a contravention of Bylaw 3(1)(a) for unreasonable noise on May 17.
If the owner or tenant asked council to make a decision, such as removing a fine, the council must give the applicant a written decision within one week after the hearing. There is no requirement for council to reply in writing if the purpose of the hearing did not seek a decision of the council. If an owner or tenant wants a reply they should clearly state what decision they are requesting.
What is an “in-camera” meeting?
Where matters such as bylaw contraventions or other matters that would unreasonably interfere with an owner’s privacy are to be discussed, the council may go “in-camera” (private). The minutes should record that “council went in-camera at [time] to discuss a matter”. When that matter has concluded, the minutes should record that “council came ex-camera at [time]”. Any decisions made in the “in-camera” portion of a council meeting must be recorded in the public minutes but include only the minimum amount of information required for legal purposes.
Can council members hold informal meetings?
While informal meetings or discussions might take place in person or by email between council meetings, any decisions made cannot be acted upon until a formal vote has been taken at a properly called council meeting. Owners must be informed and have the opportunity to attend the meeting as observers.
Voting at council meetings
Under Standard Bylaw 18, decisions at council meetings must be made by a majority of council members present in person at a meeting. Abstentions don’t count. For example if 7 council members are in attendance and there are 3 votes in favour of a motion, 2 votes opposed, and 2 abstentions, the motion passes. Each council member has one vote. If the strata plan has fewer than 4 strata lots or fewer than 4 owners, all the owners are on the council but only one person per strata lot can vote.Learn more about strata councils.
What if there’s a tie? Except for stratas that have only 2 lots, if there is a tie vote at a council meeting, the president may break the tie by casting a second, deciding vote. Always check the bylaws of your strata corporation as the Standard Bylaws can be amended.
Under SPA s. 32, a council member cannot vote on a motion if they have a direct or indirect interest in the outcome of the vote such as a contract, transaction, or certain other matters being considered by council. They must leave the meeting and abstain from voting on the contract, transaction or matter. A conflict does not mean that a person cannot be a council member. For example the council could vote to hire a landscaping company owned by the council member. The council member just has to disclose the nature and extent of their interest, leave the meeting while the matter is being discussed, and not participate in any vote related to the contract.
What information should be in council meeting minutes?
The Strata Property Act and Standard Bylaws do not provide much guidance about what should be in the minutes of a council meeting. Standard Bylaw 18 simply says that “The results of all votes at a council meeting must be recorded in the council meeting minutes”.
How do you know if there is too much, too little, or just the right amount of information? Imagine that you are a purchaser: is there enough information to understand what’s going on? Imagine that the minutes are being read in court: Could discussions or reasons be recorded in a more succinct, professional manner? Do the minutes sound accurate and factual? Are there any personal comments and opinions about other people? It’s more appropriate to say “Strata Lot 3 is $723 in arrears” than to say “Bob is delinquent in payments once again and even though Cheryl tried to talk to him about it he didn’t say when he could pay the $723.”
The Office of the Information and Privacy Commissioner’s (OIPC) publication Privacy guidelines for strata corporations and strata agents says that minutes of strata council meetings should record all decisions made by the strata council, but need not include the exact discussions of personal information leading up to any votes. It is good practice for strata council minutes to identify only the unit number or strata lot number (not the name of an owner or tenant) in relation to sensitive matters such as bylaw contraventions or strata fee debts.
When are owners informed of the minutes?
Standard Bylaw 19 says the council must inform owners of the minutes of all council meetings within 2 weeks of the meeting, whether or not the minutes have been approved. It is not necessary to label them as “draft” minutes. A vote to approve or amend the minutes will be taken at the next meeting. If any corrections are required the corrections will be noted in those minutes.
There is no requirement to give each person a copy of the minutes. Some strata councils send the minutes by email, leave copies in a common room, and/or post the minutes on a bulletin board in the lobby or laundry room. Certain persons may request copies of records and documents under SPA s. 36. Learn more about requests for records and the records a strata must keep.
Member-only resources
Log in to your account to access the following resources:
- Council meeting agenda – example
- Council meeting minutes – example
- Good and bad minutes – examples
- Privacy policy template for stratas
- Strata documents request form
