BC Election 2024 – Let’s Talk Strata

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It’s election time. Whether you’re a candidate or a voter, we encourage you to start talking about stratas. With over 1.5 million British Columbians living in strata units, strata owners represent over 25% of the electorate. We encourage strata owners across the province to send questions to candidates in your riding. Let’s get everyone in this election talking about stratas!

VISOA asked party leaders for their position on the questions below.

Questions from VISOA

In VISOA’s recent survey, the following questions received an average score of 4.1/5 showing strong support from strata owners.

• Will you pledge to seek equity for strata owners by ensuring that provincial rebate programs for energy retrofits and cooling equipment are available to all strata corporations?

• With construction of 2-6 unit multiplexes the number of strata corporations in BC will double within 10 years.

• Will you reform the Strata Property Act to resolve issues for small stratas?

• What support will you give to the Housing Policy Branch so it has the resources it needs to handle the increasing volume of work needed to support the growing number of strata owners and strata corporations? (E.g., Will you commit to forming a Strata Housing Branch within the Ministry of Housing?)

• New strata owners are often not aware of what buying a strata lot means. Stratas of less than 5 units don’t receive a marketing disclosure statement to inform them of the budget, strata fees, and responsibility for insurance and repairs. How will you support consumer protection and education in the purchase and sale process?

Questions from the public

We asked the public, if you had 2 minutes in an elevator with a candidate in your district, what would you ask them to help you decide if you want to vote for them. Here are questions that are representative of themes in the survey results. See all survey responses.

• Do you support a comprehensive review of the Strata Property Act with a view to making it work better for strata owners?

• What will you do to improve consumer protection for strata owners?

• How will you address the high cost of strata insurance?

• Do you support a review of the efficiency, effectiveness, and fairness of the Civil Resolution Tribunal in resolving strata disputes?

• What is your position on allowing strata corporations to have bylaws that restrict rentals and ages other than 55 plus?

Resources for voters

Find your district

Find your candidates. Send them your questions or direct them to this blog post.

Register to vote

Mark your calendar: Advanced voting takes place Oct 10-13 and 15-16. Final voting day is October 19. Find a voting place.

Learn about election signs and access for canvassers in stratas.

Parties (in alphabetical order)

BC Green Party

BC NDP

Conservative Party

The Elections BC website does not show any candidates affiliated with BC United.

 

BC Stratas Now Required to Obtain Depreciation Reports

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On April 22, 2024 Order in Council OIC 204-2024 announced changes to the Strata Property Act (SPA) about depreciation reports. These changes to the SPA go into effect on July 1, 2024. Strata corporations of 5 or more strata lots can no longer waive or defer obtaining a depreciation report and must obtain a new report at least once every 5 years. This aligns with 8 other provinces in Canada. New regulations set deadlines, qualifications to write a report, and a new requirement for developers to help pay for a new strata’s first report.

These changes were part of Bill 14-2020 the Municipal Affairs and Housing Statutes Amendment Act (No. 2) which passed in the BC legislature in August 2020. Section 4 of that bill repealed and replaced most of the wording in SPA s. 94 which, as of July 1, 2024 will say:

Depreciation Report

(1) In this section, “qualified person” has the meaning set out in the regulations.
(2) Subject to the regulations, a strata corporation must obtain from a qualified person, on or before the dates determined in accordance with the regulations, a depreciation report estimating the repair and replacement cost for major items in the strata corporation and the expected life of those items.
(3) [Repealed]
(4) A depreciation report referred to in subsection (2) must contain the information set out in the regulations.

Are some stratas exempt?

Certain small stratas are still exempt. While renumbered, the wording is essentially the same. Regulation 6.22 says that SPA s. 94(2) doesn’t apply “in relation to a strata corporation if and for so long as there are fewer than 5 strata lots in the strata plan.” There are no other exemptions. Bare land stratas are not exempt.

What are the new regulations?

Bill 14-2020 also amended SPA s. 292 to allow the Lieutenant Governor in Council to make more regulations about depreciation reports. These regulations were released on April 22, 2024 in OIC 204-2024. Regulation 6.2 about depreciation reports previously had sections 6.2(1) to 6.2(8). Several sections of this regulation have been repealed, reworded, and reorganized. As of July 1, 2024 the regulation will have sections 6.2(0.1) and 6.2(1) to (5), and new regulations numbered 6.21, 6.22, and 6.23. Here’s a summary of the changes and the dates when different sections come into effect.

Are stratas required to update the report?

Under the new regulation 6.21(2) “a strata corporation must obtain a new depreciation report at least once every 5 years”. This is a requirement. There is no ability to waive or defer it. From a practical point of view, the report should be updated every 3-5 years so that council and owners have up to date information.

Who is qualified to write the report?

Previously, the SPA and regulations were vague about qualifications. SPA s. 94 said a strata corporation must obtain a depreciation report from a “qualified person”. The regulation said a qualified person means “any person who has the knowledge and expertise to understand the individual components, scope and complexity of the strata corporation’s common property…that the strata corporation is responsible to maintain or repair…”

The definition of a “qualified person” is now in regulation 6.2(0.1)(a) and (b). The original wording has been expanded to list which professionals are considered “qualified persons”. Authors without any of these qualifications must complete their reports before July 1, 2025. As of July 1, 2025, all reports must be obtained from an accredited and registered:

  • A registered professional engineer
  • A registered architect
  • A registered applied science technologist
  • An accredited appraiser
  • A certified reserve planner, or
  • A professional quantity surveyor

Are there any changes to the content of the report?

Regulation 6.2(1) sets out what must be included in a depreciation report. For example it must include an inventory and evaluation of the physical components, a summary of repairs and maintenance for common expenses, and a financial forecasting section.

What’s new? While most authors already include an executive summary, it is now a requirement. Ventilation and air conditioning have been added to the list of building systems which included electrical, heating, plumbing, fire protection and security systems. All other requirements remain the same. Read regulation 6.2(1) for complete details.

How does a strata pay for the report?

There have been no changes regarding payment. Under SPA s. 92 and 96, the cost to obtain or update a depreciation report can be paid from either the operating fund or the contingency reserve fund (CRF). These decisions require a majority vote approval (greater than 50% of votes cast) of owners at an annual or special general meeting (AGM or SGM).

What’s the deadline for existing stratas?

Stratas established (the date a strata plan is filed at the land title office) before July 1, 2024 that have never obtained a report, or its most recent depreciation report was obtained before December 31, 2020, must obtain a report or a new report by the deadlines in regulation 6.21 below. The deadline depends on where the strata is located in BC. The deadline is:

If the most recent report is dated after December 31, 2020, the strata must obtain a new report within 5 years of the date of the report.

What’s the deadline for new stratas?

Stratas established between July 1, 2024 and June 30, 2027 must get their first depreciation report within 2 years after the date of its first AGM.

A strata established on or after July 1, 2027 must get their first depreciation report within 18 months after their first AGM. Previously the deadline was within 6 months of the date of the strata corporation’s second AGM.

How much must the owner developer contribute?

Under SPA s. 12 an owner developer must establish a contingency fund (CRF) and pay an amount into the fund of an amount set out the regulations. This applies to all strata developments with any number of strata lots.

There is now an additional requirement under regulation 6.23 for owner developers to pay money into the CRF to help with the expense of a depreciation report for stratas with 5 or more strata lots established on or after July 1, 2027. The amount the developer must contribute to the CRF is $5,000 plus an additional $200 multiplied by the number of strata lots in the strata corporation or $30,000, whichever is less. For example, if the filed strata plan shows 10 stratas lots, the developer must contribute $7,000. If the filed strata plan shows 125 or more strata lots, the developer must pay $30,000. The amount must be paid no later than the date of the strata’s first AGM.

The actual cost of the report might be higher or lower than the contribution from the developer, however it’s an important measure to ensure that new stratas have money to help pay for their first report.

How does a new strata get their first report?

The cost to obtain the first depreciation report can be paid from either the operating fund or the CRF. The agenda for the first AGM is prepared by the developer. It’s recommended that the developer include a resolution in the notice of the AGM to pay for the first report from the CRF. If the notice does not include this item, the new council could call an SGM to vote on a resolution to approve the expenditure from the CRF. In most cases owners will prefer an expenditure from the CRF so that they can use the funds from the developer.

Alternatively, owners could approve a budget at the first AGM with increased strata fees that allow for an expenditure from the operating fund to obtain a depreciation report. If the budget presented doesn’t include this category, a voter can make a motion from the floor to amend the operating budget. SPA s. 103 requires that the budget be approved by majority vote.

VISOA recommends that the council choose a depreciation report provider that is not associated with the developer so that the report gives an independent assessment of building components and systems.

Resources:

BC Government news release April 22, 2024
Order in Council OIC 204-2024
Bill 14-2020 the Municipal Affairs and Housing Statutes Amendment Act (No. 2)
Strata Property Act convenience copy (effective July 1, 2024) See SPA 92, 94, 96, 292 (a.11).
Strata Property Regulation convenience copy (effective July 1, 2024). See 6.2 and 6.21-6.23.
BC Strata Housing website: Depreciation report requirements

2023: The Year in Review for BC Strata Owners

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Here’s a look back at key events in 2023 that affect strata owners and councils in British Columbia.

2023 saw several changes to strata legislation following the amendments to the Strata Property Act on November 24, 2022 regarding rentals, age restriction bylaws, and electronic meetings.

On April 1, 2023 a new Form B information certificate was released to include a summary of the strata corporation’s insurance coverage.

On April 26, 2023 Bill 22 passed, which introduced changes to the Strata Property Act in relation to electric vehicle charging.

On April 25, Bill 24 passed. This amendment to the Strata Property Act clarified the Act regarding age restriction bylaws.

On May 1, 2023 Strata Property Regulation 7.01 brought into effect exemptions to age restriction bylaws for spouses and children.

On October 26, 2023, the Short-Term Rental Accommodations Act was passed. Strata owners are affected by this new legislation which places rules on short-term accommodations being offered to the public. Many areas of BC will have a principal residency requirement which comes into effect on May 1, 2024.

On October 31, 2023 the CleanBC – Go Electric Charger Rebate Program was relaunched with $6.59 million in provincial funding to make the EV Ready Plan and EV Ready Infrastructure rebates available again. The program was expanded to allow townhouse stratas to qualify for funding. Learn more at Electrical Vehicle Charging for Stratas.

As of November 1, 2023 the new minimum contribution to the contingency reserve fund came into effect for all strata corporations.

On November 29, 2023 the Housing Statutes (Residential Development) Amendment Act  was passed. If The BC Government’s preliminary numbers are correct, there will be over 32,000 new strata corporations of 2-6 units in the next 10 years, effectively doubling the current number of stratas in BC.

On December 6, 2023 new regulations about EV charging brought sections of the Strata Property Act passed on April 26 into effect and provided details about requests from owners for alterations to common property to install EV charging stations and infrastructure.

On December 6, 2023 new regulations brought sections of the Strata Property Act into effect and provided details about the requirement for all stratas to obtain an electrical planning report including deadlines, the content of the report, and who is qualified to provide the report.

On December 6, 2023 a new Form B information certificate was released. Strata corporations must now include a copy of any electrical planning reports.

2024 may be just as eventful, so make sure to subscribe to VISOA’s e-newsletter to stay informed of news, events, educational webinars, and more.

10 Facts about Electrical Planning Reports for BC Stratas

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On December 6, 2023 Order in Council OIC 671-23 brought into effect the requirement for strata corporations to obtain electrical planning reports. The order also contains regulations that provide details about the requirements.

Watch the videos of VISOA’s recent webinars: Electrical Planning Reports for BC Strata Corporations and Electrical Planning Reports – A Guide for Professionals Working with BC Strata Corporations.

The sections of the Strata Property Act (SPA) and Strata Property Regulation that relate to electrical planning reports are:

  • SPA section 94.1 requires strata corporations to obtain an electrical planning report
  • There is no option to waive or defer the report
  • SPA sections 92(a)(iii) and 96(b)(i)(A)(IV) deal with how to pay for the report
  • Regulations 5.7 to 5.12 provide details
  • The electrical planning report has been added to the Form B.

Section 90.1(2)(b) of the Strata Property Act is also relevant as the timing of when an electrical planning report is obtained (or the strata’s deadline to obtain one) determines when an owner may request that the strata approve their proposed alteration to common property to install EV charging infrastructure. See our blog post Regulations Make it Easier to Install Electric Vehicle Charging in Stratas.

1. What is an electrical planning report?

This is a report to help strata councils and owners understand your electrical system and assess whether your buildings have electrical capacity for future needs. For example, if your strata has a gas boiler, at some point you won’t be able to replace it with another gas boiler. The CleanBC Roadmap to 2030 sets out a commitment to ensure that all new space and water-heating equipment sold and installed in BC after 2035 will be 100% efficient. Whether your strata corporation’s goals include cooling, heat pumps, electric vehicle charging, or electrification of other fuelled building systems, your electrical planning report is an important tool to help you plan for the future and avoid costly electrical service upgrades.

2. Is an EV Ready Plan the same as an electrical planning report?

No. While these reports might contain some of the same information such as the current capacity of the electrical system, the current peak demand and spare capacity, the reports have different information and purposes.

  • An electrical planning report provides an overview of your electrical system to help you plan for the future. The strata is required by law to obtain the report.
  • An EV Ready Plan focuses on electric vehicle charging only and includes a budget to proceed with a defined project. The EV Ready Plan is not required by law. It exists for the purpose of applying for rebates from the Clean BC – Go Electric EV Charger Rebate Program to install EV charging infrastructure. An EV Ready Plan doesn’t contain all of the information that the Strata Property Act and Regulation require for an electrical planning report.

3. Which stratas are required to obtain an electrical planning report?

Strata corporations of fewer than 5 strata lots are not required to obtain an electrical planning report.

All other strata corporations are required to obtain an electrical planning report. This includes condo, townhouse, bare land, residential, commercial, hotel, industrial, and other types of strata corporations. There is no ability to waive or defer the requirement. See section 94.1 of the Strata Property Act and Regulation 5.8(3) and 5.9.

4. How often must the strata obtain an electrical planning report?

Most stratas will only be required to obtain one electrical planning report. Many stratas that are built in phases will have to do additional reports as the number of strata lots increase. Whether another report is required each time a new phase is deposited at the Land Title Office depends on how many units are in the phase. See Regulation 5.9 for details.

5. What is the deadline to obtain an electrical planning report?

For existing strata corporations (the strata plan is filed on or before December 31, 2023), the deadline to obtain an electrical planning report is either December 31, 2026 or December 31, 2028. It depends where your strata is located. See Regulations 5.7 and 5.8.

For new stratas (the strata plan is filed after December 31, 2023), the deadline is 5 years after the date that the strata plan is filed at the Land Title Office. New phased stratas generally have a 5-year deadline as well. See Regulation 5.9 for details.

6. Who can write an electrical planning report?

Section 94.1 of the Strata Property Act says that the strata corporation must obtain an electrical planning report from a “qualified person”. Regulation 5.10 sets out the qualifications.

Who can write your report depends on the kind of buildings on your strata property. Under the BC Building Code there are two main categories of buildings: simple buildings (Part 9 buildings) and complex buildings (Part 3 buildings). All buildings over 3 storeys in height or over 600 square metres in footprint are considered complex buildings (Part 3 buildings). If you’re not sure of the category of your buildings, your municipal building department or development services department may be able to assist you.

  • Stratas with Part 9 buildings must obtain their report from an electrical engineer, applied science technologist, or a licenced electrician.
  • All other stratas must obtain the electrical planning report from an electrical engineer or an applied science technologist.

7. What information must be in the electrical planning report?

Regulation 5.11 lists the information that must be included in the report:

(a) the date of the electrical planning report

(b) the name of the person from whom the electrical planning report was obtained and a description of

(i) the person’s qualifications

(ii) the error and omission insurance, if any, carried by the person, and

(iii) the relationship between the person and the strata corporation

(c) the current capacity of the strata corporation’s electrical system

(d) a list of existing demands on the electrical system, including, without limitation, demands from

(i) EV charging infrastructure, if any, and

(ii) heating, cooling, ventilation and lighting systems

(e) the current peak demand on and spare capacity of the electrical system

(f) if applicable, an estimate of the electrical capacity that would be needed to power systems, including heating, cooling and ventilation systems, that are currently powered by an energy source other than electricity

(g) an estimate of the electrical capacity needed for any other anticipated future demands on the electrical system, including electrical capacity needed to power

(i) heating, cooling, ventilation and other systems that the strata corporation anticipates may be modified or installed in the future, and

(ii) EV charging infrastructure that the strata corporation anticipates may be installed in the future

(h) steps, if any, that the strata corporation could practicably take to reduce the demands on the capacity of the electrical system

(i) upgrades or modifications, if any, to the electrical system that the strata corporation could practicably undertake to increase the capacity of the electrical system

(j) an estimate of the electrical capacity that would be made available if the strata corporation were to take steps referred to in paragraph (h) or undertake upgrades or modifications referred to in paragraph (i)

For most strata properties including bare land stratas, the utility supplies power to the property where it is then distributed to individual homes. In rare cases where the utility supplies power to each strata lot independently, the electrical planning report is only required to include details about the person and their qualifications and a statement that each strata lot is supplied with electricity by a utility independently from each other strata lot. See Regulation 5.11(3) for complete details.

8. How can the strata pay for an electrical planning report?

Just like a depreciation report, the cost of the electrical planning report can be paid from either the operating fund or the contingency reserve fund (CRF).

  • To pay from the operating fund, the expense must be included in the budget and passed by a majority vote at the annual general meeting. See SPA 92(a)(iii).
  • To pay from the CRF, a resolution must be passed by majority vote at an annual or special general meeting. See SPA 96(b)(i)(A)(IV).

9. How long does the strata have to keep an electrical planning report?

Section 35 of the Strata Property Act lists the records that a strata corporation must keep. SPA s. 35(2)(n.3) now requires the strata corporation to keep any electrical planning reports obtained by the strata corporation. These reports must be kept permanently. Log in to your member profile to access a copy of VISOA’s Records Retention Guide.

10. Must an electrical planning report be attached to a Form B?

The Information Certificate (Form B) has a new section (p) that asks, “Has the strata corporation obtained any electrical planning reports under section 94.1 of the Strata Property Act?” If the answer is yes, you must attach copies of all electrical planning reports. Just like other attachments to the Form B, the strata may charge up to $0.25 per page.

Resources updated to December 6, 2023:

Strata Property Act
See SPA 35(2), 92(a)(iii), 94.1, 96(b)(i)(A)(IV)
Strata Property Regulation
See Regulations 5.7 to 5.12, and Form B
Learn more about What records must the strata keep?
Learn more about the Form B – Information Certificate
Order in Council OIC 671-23

Regulations Make it Easier to Install Electric Vehicle Charging in Stratas

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On December 6, 2023 Order in Council OIC 671-23 brought into effect legislation and regulations that make it easier for strata owners to install electric vehicle (EV) charging stations and infrastructure. See our blog post about the requirement to obtain electrical planning reports: 10 Facts about Electrical Planning Reports for BC Stratas.

Can a strata owner install a charging station in a parking stall?

The Strata Property Act (SPA) contains a new section called “Alterations to Common Property to Install EV Charging Infrastructure for Owner”. There are 3 sections numbered 90.1 to 90.3. Notably it says “owner”, not tenant or resident.

An owner must request permission to install an EV charging station or other EV charging infrastructure on common property or limited common property. In order to provide all of the information required, the request should be in writing. Most stratas have a bylaw that says an owner must obtain the written approval of the strata corporation before making an alteration to common property, including limited common property, or common assets. See Standard Bylaw 6.

When can an owner make a request?

An owner could make a request at any time, however there can be no expectation that it will be approved until SPA s. 90.1 comes into effect for their strata. The timing of when SPA s. 90.1 becomes effective is explained in Regulation 5.4. It depends on whether the strata has an electrical planning report. Note that an EV Ready Plan is not an electrical planning report. See our blog post: 10 Facts about Electrical Planning Reports for BC Stratas.

  • If the strata does not have an electrical planning report and the deadline to obtain one has not passed, the strata is not required to consider the request.
  • If the strata has obtained an electrical planning report, or the deadline to obtain one has passed, council must decide whether to approve an owner’s request within 3 months after receiving the request.
  • If the strata is not required to obtain an electrical planning report (it has fewer than 5 strata lots), it must consider requests received on or after December 31, 2026.

What information does an owner need to include in their request?

In a request for permission to install an EV charging station or other EV charging infrastructure on common property or limited common property, SPA s. 90.1 and Regulation 5.3 require the owner to include the following information:

(a) the owner’s contact information and strata lot number

(b) a description of the proposed EV charging infrastructure

(c) the proposed location of the EV charging infrastructure

(d) the number or location of the parking stall at which the EV charging infrastructure would be used

(e) the name and contact information of a contractor who is qualified to make the proposed alterations for which approval is sought

(f) a description, prepared by the contractor referred to in paragraph (e), of the work required to make the proposed alterations

(g) an estimate, prepared by the contractor referred to in paragraph (e), of

(i) the cost of making the proposed alterations, and

(ii) the time needed to make the proposed alterations

Does the council have to approve the request?

The strata corporation cannot unreasonably refuse to approve an owner’s request if it was properly made under SPA s. 90.1. An owner may only make a request under this section if it has come into effect for their strata. Council must decide whether to approve an owner’s request within 3 months after receiving the request. If approved, council may require the owner to agree in writing to reasonable conditions.

There may be situations when a request can be denied. SPA s. 90.2 sets out conditions and criteria that a council may consider when reviewing an owner’s request.

Many stratas will be required to hold a majority vote under SPA s. 71 for owners to approve a “significant change in use or appearance of common property”. Passing this resolution once is usually sufficient to cover future installations. It depends on the wording of the resolution and the nature of each individual installation.

The council must review the information in the request and determine if it is satisfied that the request meets the criteria in the Act and Regulation. See SPA s. 90.2 for a complete list of considerations.

For example, the council can consider the strata’s electrical system and future needs. The council should review the information in the strata’s electrical planning report to understand the:

  • current capacity of the electrical system
  • current peak demand and spare capacity
  • electrical capacity needed to power heating, cooling, ventilation and other systems that the strata corporation anticipates may be modified or installed in the future

What are reasonable conditions of approval?

Under SPA s. 90.2, council can require the owner to agree in writing to conditions. These conditions could include the strata’s approval of the infrastructure, contractors, and materials. The legislation also recognizes that circumstances may change after an owner has installed infrastructure. It allows the strata to require the owner to modify or replace the infrastructure in the event that the strata corporation installs other EV charging infrastructure for the benefit of the owners. For example, if the strata corporation later decides to install a networked, load-managed EV charging system, it’s likely that the owner’s previous installation will be incompatible. The owner could be required to replace their charging station with a compatible model.

Many of the conditions listed in the Act that council may consider are not binding unless there is an agreement between the owner and the strata corporation. The conditions that council wants to include in their approval should be set out in an indemnity agreement, assumption of liability agreement, or other form of written agreement. The strata could have a lawyer draft a standard agreement that can be used for each request that is approved by council.

Who pays for the EV charging infrastructure on common property?

SPA s. 90.3 states that if the request is approved, the owner is responsible for any expenses associated with making the alteration “unless otherwise agreed between the owner and the strata corporation”. For clarity, the responsibility for the owner to pay, and what they are responsible to pay for, should be detailed in a written agreement.

Who installs the EV charging station and infrastructure?

Under the SPA, the strata corporation may make the alteration or allow the owner to make the alteration. Many stratas will want to take control of the project and hire their usual contractors to perform work in common property electrical rooms. This seems prudent to ensure safety, consistency, compliance with the Electrical Code, and to avoid potential insurance issues.

If the strata corporation makes the alteration, SPA s. 90.3 says that the owner must pay the strata the anticipated costs up-front, unless otherwise agreed between the owner and the strata corporation. If that amount is insufficient, the owner must pay any amounts required to cover the remaining expense. The strata is required to pay any excess amount back to the owner.

Again, for clarity, details about payment should be set out in a written agreement.

What if the parking stall is common property?

Previously under the Act, common property stalls (that have not been designated as limited common property for the exclusive use of a strata lot) could only be assigned to an owner or tenant for short-term exclusive use of up to one year. An owner wishing to install a charging station in a common property stall assigned to them or to their tenant had no assurance that they would have the privilege of using the same stall in coming years.

SPA s. 76(2) and Regulation 5.101 now allow a common property parking stall to be assigned for up to 5 years if EV charging infrastructure has been installed for use at the parking stall and the installation resulted from an owner’s request made under SPA s. 90.1. Section 76 says the permission or privilege “may” be given, not “must” be given.

Note that SPA s. 90.1 isn’t in effect until the strata receives its first electrical planning report or the deadline to obtain one has passed. This results in the interpretation that a grant of short-term exclusive use can only be for up to one year until such time as the strata has received an electrical planning report, or the deadline to obtain one has passed.

Permission for short-term exclusive use of common property may be given for a period of not more than one year for:

  • parking stalls where the strata installed the EV charging infrastructure for use at the parking stall (i.e. it was not installed due to an owner’s request made under SPA s. 90.1)
  • parking stalls where there is no EV charging infrastructure installed
  • common property that is not a parking stall

In these cases, council is required to review grants of short-term exclusive use every 12 months. SPA s. 76 allows the strata council to renew the permission or privilege and, on renewal, may shorten the period or change the conditions. Renewing permission annually often results in an owner or tenant having use of the same parking stall for many years. While an owner or tenant has no guarantee of continued use of the same common property parking stall, the council could choose to renew permission annually.

What votes are needed for a strata to commence a project to install EV charging infrastructure?

If resolutions are properly passed, the strata corporation can pay for and install EV charging infrastructure and charging stations on common property, including limited common property. Amendments to the Strata Property Act became effective on May 11, 2023 that make it easier for strata corporations to approve these projects.

Significant change in use or appearance

Under SPA s. 71, a vote is required to approve a “significant change in use or appearance of common property” (including limited common property). The voting threshold is a majority vote (instead of the usual ¾ vote) if the change “is related to the installation of EV charging infrastructure or the management of electricity used by EV charging infrastructure”. This vote is usually required for an owner’s project as well. See “Does the council have to approve the request?”

Expenditures from the CRF

Many stratas wish to pay for projects using money from the contingency reserve fund (CRF). SPA s. 96(b)(i)(A) says that a majority vote (instead of the usual ¾ vote) is required to approve expenditures from the CRF:

  • related to the installation of EV charging infrastructure or the management of electricity used by EV charging infrastructure
  • necessary to obtain an electrical planning report under SPA s. 94.1
  • necessary to obtain any other report respecting the installation or operation of EV charging infrastructure or the management of electricity used by EV charging infrastructure (such as a CleanBC EV Ready Plan)

Acquiring personal property

A majority vote (instead of the usual ¾ vote) is required for the strata corporation to acquire or dispose of personal property “for a purpose related to the installation, operation, maintenance or repair of EV charging infrastructure, or the management of electricity used by EV charging infrastructure”, if it has a market value of more than the amount set out in the bylaws, or $1,000 if the bylaws are silent as to the amount. See SPA s. 82 for details. Personal property is something that is owned and is “movable”, unlike real property or real estate which is immovable. An example of personal property would be a charging station owned by the strata corporation.

What records does the strata have to keep?

SPA s. 35 lists the records that a strata corporation must keep. SPA s. 35(2)(n.4) now requires the strata to keep any reports obtained by the strata corporation respecting the installation or operation of EV charging infrastructure or the management of electricity used by EV charging infrastructure. SPA s. 35(2)(n.3) also requires the strata corporation to keep any electrical planning reports obtained by the strata corporation. These reports must be kept permanently.

The strata must also keep all correspondence with owners and contractors and copies of indemnity agreements and assumption of liability agreements. Log in to your member profile to access a copy of VISOA’s Records Retention Guide.

 

Resources updated to December 6, 2023:

Strata Property Act
See SPA 35(2), 71(b)(i), 76(2)(b)(ii), 82(3.1)(a), 90.1, 90.2, 90.3, 96(b)(i)(A)
Strata Property Regulation
See Regulations 5.101 and 5.3 to 5.6

Order in Council OIC 671-23
BC Government Strata Housing website Electric vehicle charging in strata corporations
VISOA’s web page Electric Vehicle Charging in Stratas
VISOA’s YouTube channel
Send EV charging questions to: EVcharging@visoa.bc.ca

 

Stratas and New Legislation About Short-Term Rentals in BC

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On October 26, 2023, the Short-Term Rental Accommodations Act was passed in the BC legislature and received Royal Assent the same day (part of Bill 35-2023). This new Act comes into effect on May 1, 2024. It places rules on short-term rentals being offered to the public.

The legislation focuses on three key areas:

  • increasing fines and strengthening tools for local governments
  • returning more short-term rentals to long-term homes, and
  • establishing provincial rules and enforcement

What is short-term rental accommodation?

The terminology “short-term rentals” and “long-term rentals” causes a lot of confusion. Legally these can be two very different things. For clarity we’ll refer to “short-term rentals” as “short-term accommodations” or “licence for use” and “long-term rentals” as “tenancies”. A short-term accommodation involves a licence for use. People staying in the home or strata lot are guests such as tourists. A licence for use doesn’t form a tenancy under the Residential Tenancy Act. Typically, short-term accommodations are advertised and booked on online platforms such as Airbnb, VRBO, Expedia, and FlipKey. It’s also common to see them advertised on Facebook Marketplace and Craigslist, or found in classified ads in newspapers.

Can strata bylaws ban or restrict short-term accommodations?

Yes. The Strata Property Act allows strata corporations to pass bylaws that ban or restrict the use of residential strata lots for short-term accommodation. The fines can be significantly higher than the $200 maximum fine allowed for other bylaw contraventions. Under Strata Property Regulation 7.1, in the case of a bylaw that prohibits or limits use of all or part of a residential strata lot for remuneration as vacation, travel or temporary accommodation, the maximum amount that a strata corporation may set out in its bylaws as a fine is $1,000 for each contravention of the bylaw.

It’s recommended to have a lawyer who is familiar with case law draft these bylaws to ensure they have the intended effect. In some cases, the BC Supreme Court has found certain bylaws unenforceable due to poor wording.

What are some of the details in the Short-Term Rental Accommodations Act?

The Act says that short-term rental accommodations in BC may be offered only in the “principal residence” of a property host. This requirement only applies to residences in certain communities such as those with a population of more than 10,000 people or are adjacent to larger communities. See the list of communities with the principal residence requirement and areas that are exempt from the principal residence requirement such as ski resort areas.

A “principal residence” means the residence in which an individual resides for a longer period of time in a calendar year than any other place.

A “property host” means a person who is legally entitled to possession of a property where short-term rental accommodation services are provided, and who has responsibility for arranging for the short-term rental offer.

“Short-term rental accommodation service” means the service of accommodation in the property of a property host, in exchange for a fee, that is provided to members of the public for a period of time of less than 90 consecutive days or another prescribed period, if any.”

Example 1: A person owns 3 strata lots in Sidney and Saanich. They can use part of their primary residence (such as a spare bedroom in a condo or basement suite in a townhouse) for short-term accommodations year-round, or all of the residence when they are out of town for work or on a vacation (as long as they live in this residence for a longer period of time in a calendar year than any other place).) They cannot use the other 2 strata lots for short-term accommodations. They could rent the 2 strata lots to tenants (a tenancy under the Residential Tenancy Act), or as short-term rentals of 90 or more days (if permitted by their municipality).

Example 2: A person owns 3 strata lots, one in Victoria and 2 in the District of Ucluelet. They can live in the strata lot in Victoria as their primary residence. Since Ucluelet is exempt from the principal residence requirement, the owner can use the 2 lots in Ucluelet for short-term accommodations (if permitted by the District of Ucluelet).

How does the Short-Term Rental Accommodations Act affect strata corporations and strata owners?

Many details, such as the amount of the fines that the Province can charge to hosts and platforms, are not in the Act itself and will be written into Regulations. We expect Regulations to be ready by early 2024.

STRAA Section 3 says “The Act does not apply to hotels, motels and any other accommodation service providers that may be prescribed for the purposes of this section.” Based on comments from the Minister of Housing, it is anticipated that the Regulations will clarify (prescribe) that “strata hotels” qualify for the hotel exemption.

Here’s a summary of what we know so far:

  • Strata corporations are still permitted to have bylaws that ban or restrict the use of residential strata lots for short-term accommodations.
  • These bylaws are still permitted to include a fine of up to $1,000 for each contravention.
  • As of May 1, 2024 if the “principal resident requirement” applies to your community:
    • The owner of the strata lot must live in their strata lot at least some of the year (their principal residence).
    • If a landlord permits it, their tenant can be a property host. In that case, the tenant must live in the strata lot at least some of the year (their principal residence).
  • Visit the links below to learn more:
    • Hosts will be required to register in a short-term rental registry to be launched by the Province in late 2024.
    • Hosts will be required to include their provincial registration number on their listing. They will also have to include their business license number, if a business license is required by their local government.
    • Platforms will be required to validate registration numbers on host listings against the Province’s registry data.
    • Platforms will be required to share information about short-term listings with the Province.

Lawyers across the province will no doubt be carefully checking the wording of the Short-Term Rental Accommodations Act to determine how it aligns with strata case law and the current wording of bylaws they have written for their strata corporation clients.

BC Government News Release October 16, 2023
See the Short-Term Rental Accommodations Act
See the Short-Term Rental Accommodations Regulation
See Bill 35 – 2023
See the list of communities with the principal residence requirement and areas that are exempt.
Visit the BC Strata Housing website page Strata short-term rental bylaws

 

Strata Operations During BC Wildfire State of Emergency

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August 18, 2023: With 380 wildfires burning in BC, a provincial state of emergency was declared on August 18, 2023, under the authority of the Emergency Program Act. In a media release, Premier David Eby and Bowinn Ma, Minister of Emergency Management and Climate Readiness, stated that we are facing the worst wildfire season ever in British Columbia. All British Columbians are asked to be alert, listen to local officials, and follow evacuation orders.

On August 19, CBC reported that 30,000 people have been ordered to evacuate homes located in Kelowna, West Kelowna, Kamloops, Oliver, Osoyoos, Penticton, and Vernon. Tens of thousands more are on evacuation alert and travel restrictions are in place.

Update September 14, 2023: The provincial state of emergency ended on September 14, 2023. In a BC government media release, Minister Ma said, “While the provincial state of emergency is no longer required, the wildfire season is not over. Many communities still have local states of emergency in place…In particular, conditions continue to be very challenging in northern B.C., with 125 active fires.” Visit Emergency Info BC for information, evacuation orders, and alerts.

State of Emergency in Strata Property Regulation

While air quality and the safety of lives and property are foremost in the minds of strata owners, you will no doubt have questions about how to continue operating your strata corporation during a state of emergency. What happens if the date of your annual general meeting (AGM) is approaching? Under normal circumstances, section 40(2) of the Strata Property Act requires that “An annual general meeting must be held no later than 2 months after the strata corporation’s fiscal year end.” Has an owner submitted a petition (written demand) to call a special general meeting (SGM)? Section 43(3) says that “the strata corporation must hold the special general meeting within 4 weeks after the demand is given to the strata corporation”.

The state of emergency from August 18 to September 14, 2023 applied to the whole province. As such,  Strata Property Regulation 17.23 was triggered for all strata corporations in BC. This regulation helps strata corporations by allowing extra time to hold general meetings when a provincial or local state of emergency is declared for disruptive events, such as a pandemic, floods, or forest fires.

Additional Time to Hold General Meetings

Strata corporations have an additional two months to hold an annual general meeting or special general meeting if the strata is located in an area where a local or provincial state of emergency is in effect at any time during the month before the statutory deadline for holding the meeting.

For example, if a strata corporation must hold an annual or special general meeting by September 30, 2023 to comply with the Strata Property Act, and a state of emergency is in effect at any time during August, 2023 the date when the strata must hold the meeting is extended by two months to November 30, 2023. (Section 25.3 of the Interpretation Act helps clarify when the two-month extension ends.)

The BC Government Strata Housing website contains information about operating a strata during a state of emergency. See Extra time to hold general meetings in a state of emergency.

Age Restriction Bylaws: New Exemptions for Spouses and Children

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[Updated May 14, 2023]

On May 1, 2023 Strata Property Regulation 7.01 become effective by Order in Council. See OIC No. 276.  Spouses, partners, and many children are now prescribed classes of persons who are exempt from a strata age restriction bylaw.

See the BC Government’s news release and the updated BC Strata Housing age-restriction bylaws web page.

Background

As of November 24, 2023 the Strata Property Act only allows strata corporations to have age restriction bylaws that set a minimum age of 55 or greater.

Section 123.2 of the Strata Property Act sets out certain exemptions to age restriction bylaws.

  • A person who resided in a strata lot immediately before an age restriction bylaw was passed (a “legacy exemption”)
  • A caregiver who resides in the strata lot for the purpose of providing care to another resident
  • A person in a prescribed class of persons

What is a prescribed class of persons?

On May 1, 2023 Strata Property Regulation 7.01 become effective by Order in Council No. 276. This regulation sets out the prescribed classes of persons who are also exempt from an age restriction bylaw.

The determination of whether a person is exempt from the bylaw depends on their relationship to the “specified resident” (SR). These persons are exempt:

  • A spouse or person living in a marriage-like relationship with the SR
  • Children if their caregiver is an SR

What is a specified resident?

A specified resident (SR) is a resident such as an owner, tenant, or occupant who:

  • Has reached the age specified in the bylaw, or
  • Is exempt because they resided in a strata lot immediately before an age restriction bylaw was passed (a “legacy exemption”)

Examples of the new exemptions

How do the new exemptions for spouses, partners, and children apply in common situations? In the examples below, the strata corporation has an age restriction bylaw that requires at least one person to be 55 years of age or older. The bylaw was properly passed by 3/4 vote at an annual or special general meeting and was filed at the Land Title Office in 2019.

  1. Liang is 56 and Mei is 35. They are looking to purchase (or rent) a unit in this strata and are worried about the age restriction bylaw. Mei could reside with Liang because he would be a “specified resident” (SR). They are planning to have children in the next few years. Their future children would be exempt since Liang is a SR. When Mei reaches 55, she would also be a SR.
  1. In February 2023, Therese and their partner Jamie moved into a strata unit as tenants. They are 27 and 32 respectively. The age restriction bylaw can be enforced as neither of them is 55 or older.
  1. Karl is 57 and decides to rent out his second bedroom to Paul who is 51. They are not living in a marriage-like relationship. The age restriction bylaw can be enforced as Paul is not 55 or older.
  1. Theo is 59. He falls in love with Petra who is 45 and asks her and her 9-year-old son to move in with him. Petra is exempt if she lives with Theo in a marriage-like relationship. The regulation does not require them to live together for any length of time to be considered living in a marriage-like relationship. Whether Petra’s son is exempt depends on whether Theo is considered to be his caregiver.
  1. Cheryl is 35. She has a legacy exemption which makes her a SR. A few years later she marries Kris who is 42. Kris is exempt from the age restriction bylaw. Cheryl and Kris adopt Jasmin who is 3 years old. Jasmin is exempt because Cheryl is one of her caregivers. Cheryl and Kris divorce and Cheryl moves away. Kris is still under 55, so Kris and Jasmin are no longer exempt. However, Bobbie moves in and, at age 56, is a SR. If Bobbie and Kris marry or live together in a marriage-like relationship, then Kris is exempt. Jasmin is exempt if Bobbie is considered to be one of her caregivers.
  1. Anika and Kamal are 58 and 62 respectively. Their adult son Rohan has fallen on hard times and needs a place to live. Rohan can reside with his parents since they were his caregivers when he was under 19. However, Rohan’s wife isn’t exempt because his parents weren’t her caregivers when she was a minor. Depending on the circumstances, Anika and Kamal might be considered caregivers of Rohan’s children.

Strata councils that have questions about when they can enforce an age restriction bylaw are advised to contact a strata lawyer.

Changes to the Strata Property Act re Electric Vehicle Charging

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[Archived]

See two blog posts with information updated to December 6, 2023:

On April 6, 2023, the BC Government introduced significant changes to the Strata Property Act to make it easier for strata corporations and owners to install electric vehicle charging stations in strata properties, including a requirement to obtain an electrical planning report.

See Bill 22 – 2023 The Strata Property Amendment Act, 2023 which passed on April 26 and received Royal Assent on May 11, 2023.

*Some changes came into effect on May 11, 2023.

**Some changes came into effect when Regulations were created on December 6, 2023.

*Section 71: The voting threshold has been lowered from ¾ vote to majority vote to approve a significant change in use or appearance of common property if the change is related to the installation of EV charging infrastructure or the management of electricity used by EV charging infrastructure.

*Section 96: The voting threshold has been lowered from ¾ vote to majority vote to approve expenditures from the contingency reserve fund (CRF) if the expense is:

  • related to the installation of EV charging infrastructure or the management of electricity used by EV charging infrastructure
  • necessary to obtain a report respecting the installation or operation of EV charging infrastructure or the management of electricity used by EV charging infrastructure

   **As of December 6, 2023 (when electrical planning reports were brought into force by regulation) the wording in section 96 changed to:

  • necessary to obtain an electrical planning report under section 94.1, or
  • necessary to obtain any other report respecting the installation or operation of EV charging infrastructure or the management of electricity used by EV charging infrastructure

*Section 82: The voting threshold has been lowered from ¾ vote to to majority vote approval for the strata corporation to acquire or dispose of personal property related to the installation, operation, maintenance or repair of EV charging infrastructure, or the management of electricity used by EV charging infrastructure.

**Section 76: Strata councils may grant short-term exclusive use of parking stalls for longer than one year for “a prescribed class of parking stalls” (certain stalls used for EV charging).

**Part 5, Division 6: Alterations to Common Property to Install EV Charging Infrastructure for Owner. This new section includes:

Section 90.1: The details that must be included in an owner’s request.

Section 90.2: Sets out conditions and criteria that a council may consider when reviewing an owner’s request. For example, the strata may consider the capacity of, and current and anticipated demands on, the strata corporation’s electrical system.

If conditions are met, the strata cannot unreasonably refuse the request but may require the owner to agree in writing to conditions. Conditions may include the strata’s approval of infrastructure, contractors, material, and a requirement to modify or replace the alteration in the event that the strata corporation installs other EV charging infrastructure for the benefit of the owners.

Section 90.3: If the owner’s request is approved, council may allow the owner to make the alteration, or the strata may make the alteration and require the owner to pay for it in advance.

**Section 94.1: Requires strata corporations to obtain an electrical planning report from a qualified person on or before the dates set in the Regulation and must contain the information set out in the Regulation.

**Section 92: Allows the cost of the electrical planning report to be paid from the operating fund.

See VISOA’s videos and resources about Electric Vehicle Charging in Stratas.

Download the workbook Planning EV Charging for your Condominium Strata Corporation

Bill 24 Clarifies Strata Age Restriction Bylaws

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[Updated May 11, 2023]

On April 6, 2023, the BC Government introduced an amendment to the Strata Property Act to clarify age restriction bylaws.

Bill 24 – 2023

See Bill 24 – 2023 The Miscellaneous Statutes Amendment Act (No. 2), 2023. Part 4 Housing Amendments. This bill was passed on April 25, 2023 and received Royal Assent on May 11, 2023. This legislation is now effective retroactively to November 24, 2022.

Strata Property Act section 123.1

The wording of section 123.1:

(1) The strata corporation must not pass a bylaw that restricts the age of persons who may reside in a strata lot except as permitted by subsection (2).

(2) The strata corporation may pass a bylaw that requires one or more persons residing in a strata lot to have reached a specified age that is not less than 55 years.

has been changed to:

(1) Except as permitted by subsection (2), a bylaw must not restrict the age of persons who may reside in a strata lot.

(2) The strata corporation may pass a bylaw that requires one or more persons residing in a strata lot to have reached a specified age that is not less than 55 years.

This change in wording makes it clear that all age restriction bylaws that specify ages less than 55 years (such as 19+ or 40+) are unenforceable.

Also see our May 1, 2023 blog post: Age Restriction Bylaws: New Exemptions for Spouses and Children.