Quick links
- BC Strata Housing: The strata voting process
- Strata Property Act: s. 50-58
- Proxy appointment form: Form A
- Video: Online voting platform for strata AGMs
Who can vote at general meetings?
Under the Strata Property Act (SPA), eligible voters are:
- An owner
- A tenant who has been assigned a landlord’s right to vote under SPA s. 147 or 148
- A mortgagee of a strata lot (SPA s. 54)
- If an owner is under 16 years of age, their parent or guardian must vote for them (SPA s. 55)
- If an owner lacks the capacity to make their own decisions (for a reason other than being under 16 years of age), their right to vote may be exercised only by someone who is legally authorized to act for the person with respect to the strata lot (SPA s. 55)
Any of the eligible voters above may appoint a proxy (a person) to vote for them (SPA s. 56). For example, Patrick is 12 and inherited a condo from his grandparents. His mother Maya may exercise his vote. However Maya has to work and can’t attend the AGM. Maya can appoint her friend Siobhan to be her proxy. Learn more about proxies below.
Can an owner in arrears vote?
Under SPA s. 53(2), a strata corporation may pass a bylaw that says an owner can’t vote for majority and 3/4 vote resolutions if the strata corporation is “entitled to register a lien” against their strata lot. This only applies when the money owed is for strata fees, special levies, or other amounts listed in SPA s. 116. To be “entitled to register a lien” the strata must have completed the steps in SPA s. 112(2): the strata corporation must give the owner at least 2 weeks’ written notice demanding payment and indicating that a lien may be registered if payment is not made within that 2 week period.
A person who owes money to the strata must be allowed to vote if:
- The money owed is for user fees, fines, or the costs of remedying a contravention
- The resolution requires an 80% or unanimous vote
- There is no bylaw under SPA s. 53(2)
- There is a bylaw but a letter demanding payment has not been sent
Does each strata lot have one vote?
Every strata corporation has a Schedule of Voting Rights which sets out the number of votes per strata lot. If you don’t have a copy you can get it from the Land Title Office. Usually residential lots have one vote. Non-residential (commercial) strata lots often have fractional votes which may be more or less than one vote such as: 0.75, 1.9, 3, or 7.4 votes.
At AGMs and SGMs, an owner is entitled to vote for each strata lot they own. For example, Cheryl owns 12 residential strata lots with one vote each and one commercial strata lot with 1.7 votes. At the AGM, Cheryl has 13.7 votes.
The chair of an AGM or SGM should have a copy of the Schedule of Voting Rights on hand. It can be complicated to count the number of votes cast in favour and opposed when some strata lots have multiple or fractional votes. To make it easier to count the results of a vote, the voting entitlement of a strata lot can be written on the voting card for the strata lot.
Majority, ¾, 80%, and unanimous votes
All resolutions at annual general meetings (AGMs) and special general meetings (SGMs) require a majority vote unless the Strata Property Act or regulations require a 3/4 vote, 80% vote, or unanimous vote. Eligible voters must be present in person or by proxy at the time the vote is taken.
A majority vote is a vote in favour of a resolution by more than 50% of the votes cast. Calculations are based on votes cast. Abstentions are not included. Example: 15 eligible voters are present an an AGM. 7 vote in favour of a resolution, 5 vote opposed, and 3 abstain. The resolution passes (7/12).
For example, a majority vote is required to approve the budget at an AGM and certain expenditures from the contingency reserve fund (CRF) such as: to obtain an electrical planning report or depreciation report, installing electric vehicle charging infrastructure, and repairs recommended in the most recent depreciation report.
A 3/4 vote is a vote in favour of a resolution by 75% or more of the votes cast. Example: A strata has 72 strata lots with one vote each. 32 voters are present at an AGM. 23 vote in favour of a resolution, 7 vote opposed, and 2 abstain. The resolution passes (23/30). However council must wait one week before acting because the ¾ vote resolution was passed by less than 50% of the strata corporation’s total votes (23/72). During this one-week period, owners could organize a petition. If they get at least 18 signatures (25% of the strata’s 72 votes) they could submit a written demand to require the strata to hold an SGM to vote on the resolution again. See SPA s. 51 for details. There are many decisions that require a ¾ vote. See the list below.
An 80% vote of all eligible votes is required to cancel the strata plan and wind up (terminate) the strata corporation.
Example: There are 50 strata lots on the strata plan. 49 are condos with one vote each and one large commercial strata lot has 11 votes for a total of 60 votes. 37 condo owners and the commercial strata lot owner vote in favour (48 votes), 10 condo owners vote opposed, and 2 abstain. The resolution passes (48/60). At least 48 votes in favour are required for the resolution to pass because an 80% vote is always based on the strata’s total number of votes (60).
A unanimous vote is a vote in favour of a resolution by all the votes of all the eligible voters. Even one abstention or vote against will defeat the resolution. Example: A strata has 16 strata lots with one vote each. 15 vote in favour of the resolution and one owner votes opposed. The resolution fails but the strata could apply to the BC Supreme Court to ask the court to make an order that the vote proceed as if the dissenting voter had no vote. See SPA s. 52 for details.
A unanimous vote is required for decisions such as: amending bylaws before the second AGM, amending a strata plan, and changing the schedule of unit entitlement.
What decisions require a ¾ vote?
There are many decisions that require a ¾ vote at an AGM or SGM. The list below is not exhaustive. Read the noted sections of the Strata Property Act for details. Legal advice is recommended, particularly for these complex sections*.
s. 33: To ratify a contract that involves a council member who has an interest in a contract or transaction and failed to comply with s. 32
s. 34: To approve remuneration paid to a council member (alternatively remuneration may be approved in the budget or bylaws)
s. 39: To cancel a contract for the provision of strata management services to the strata corporation
s. 52: To apply to the Supreme Court for an order under s. 52(3)*
s. 71: To approve a significant change in the use or appearance of common property or land that is a common asset (see majority vote exceptions)
s. 74: To approve designation of common property as limited common property*
s. 75: To remove designation of limited common property*
s. 78: To approve the strata corporation to acquire land*
s. 79: To approve the disposition of land held in strata corporation’s name*
s. 80: To dispose of common property*
s. 81: To approve acquisition and disposal of personal property by strata corporation (see majority vote exceptions)
s. 94: To waive the requirement for a depreciation report (defer)
s. 96: To approve expenditures from the contingency reserve fund (see majority vote exceptions)
s. 97: To approve certain expenditures from the operating fund
s. 102: To approve changing the dates of the strata corporation’s fiscal year*
s. 104: To approve the deadline greater than 30 days for passing a budget when a budget fails to pass at the AGM
s. 105: To deal with a surplus using a method not specified in s. 105(1)
s. 108: To approve a special levy*
s. 111: To approve the strata corporation to borrow money*
s. 128, 193, 197: To create, amend, or repeal bylaws (including bylaws related to sections and types)*
s. 159: To decide not to repair or replace the damaged property (after the strata corporation receives money from a claim under the strata corporation’s insurance policy)*
s. 171-172: To approve the strata corporation to sue as representative of some or all owners (not required for making a claim with the CRT, or for an order for the court to approve a special levy)*
s. 207, 213: Certain decisions related to leasehold strata plans*
s. 226, 233, 235: Certain decisions related to phased strata plans*
s. 260, 262, 266: Certain decisions related to amending strata plans*
s. 269: Certain decisions related to amalgamating strata plans*
s. 273, 278, 282, 283: Certain decisions relating to cancellation of a strata plan and winding up of a strata corporation*
What voting methods are permitted?
The permitted method depend on the bylaws and whether a voter is attending in person or by electronic means.
Check your bylaws. Standard Bylaw 27 says that a vote is decided on a show of voting cards, unless an eligible voter requests a precise count. If a precise count is requested, the chair must decide whether it will be by show of voting cards or by roll call, secret ballot, or some other method. Learn more about secret ballots below.
However SPA s. 49 says that a voting card is not required to be issued to an eligible voter attending an AGM or SGM and by electronic means and the voter is not entitled or required to vote by secret ballot. This make the application of Standard Bylaw 27 quite confusing.
The chair could decide to use:
- Roll call
- “Some other method” such as an electronic voting platform, online poll, or email
- Multiple methods to accommodate all attendees. For example in a hybrid meeting (some voters attending in person and some attending by electronic means), the chair might call the vote with a show of voting cards for those present in the room, use an online poll for those attending by Zoom, and roll call for those attending by phone.
Can we vote by secret ballot?
Check your bylaws. Standard Bylaw 27 says “If a precise count is requested, the chair must decide whether it will be by show of voting cards or by roll call, secret ballot or some other method” and “an election of council or any other vote must be held by secret ballot, if the secret ballot is requested by an eligible voter”. However, only those in attendance in person are entitled to request a secret ballot under that bylaw. Under SPA s. 49(3), persons attending by electronic means are “not entitled or required to vote by secret ballot”.
If a secret ballot is requested by an eligible voter attending in person, how do the persons attending electronically vote?
- The strata is not prohibited from using an electronic method for a secret ballot – there’s just no legal obligation to provide that method and the strata cannot require a person to participate in an electronic secret ballot.
- The chair may conduct the vote for those attending by electronic means using another method permitted by the bylaws. “Some other method” could be an electronic voting platform, online poll, email, or other method.
What is the voting process for elections?
SPA s. 25 says “At each annual general meeting the eligible voters who are present in person or by proxy at the meeting must elect a council”. However, the SPA doesn’t provide any details about how to conduct an election or the voting process. Learn more about council elections.
What is a proxy?
If an eligible voter cannot attend an AGM or SGM, they may appoint a proxy to vote for them (SPA s. 56). A proxy is a person, not a piece of paper. The person is appointed to stand in the place of a person otherwise able to vote at AGMs and SGMs.
The document appointing a proxy is not a ballot. It cannot be used as advance voting or to count votes at the meeting. The proxy must be present at the AGM or SGM at the time a vote is called in order to cast the vote for each resolution. A person appointed as a proxy for an AGM or SGM can do anything that the person appointing the proxy can do, including:
- Vote
- Propose and second motions
- Participate in the discussion
How is a proxy appointed?
Most strata owners use a form to appoint a proxy. The SPA doesn’t require a proxy appointment form to be included in the AGM or SGM notice package however many stratas include one as a convenience. An owner can change the form, use a different form, or create their own document as long as it meets the requirements in SPA s. 56. The Strata Property Regulation provides a Proxy Appointment (Form A) however it is optional.
Guidance about proxies is found in SPA s. 56, the BC Supreme court case Macdonald v The Owners, EPS 522, 2019 BCSC 876, and decisions of the Civil Resolution Tribunal.
- An appointment must be in writing and be signed by the person appointing the proxy.
- It may be for a specific meeting, or a specific resolution, or general (a time frame such as a year).
- It may be revoked at any time.
- The appointment should include the eligible voter’s name, strata lot or unit number, and date signed.
- The appointment can be signed by hand or digitally. It cannot be typed (such as a script type font).
- It must state the name of the individual that is being appointed as the proxy. Stating “chair”, “president”, “any council member”, or leaving the space blank is not acceptable.
- A proxy doesn’t have to be an owner or resident.
- A proxy can be any adult, except a strata manager or employee of the strata corporation.
- The strata may suggest names of potential proxies but it cannot require an eligible voter to appoint a certain person, such as a council member.
- The name of the proxy must be filled in before the document is signed.
- Changes such as crossing out the name of the proxy and replacing it with a different name must be initialled by the eligible voter in order for the proxy to be valid.
- The eligible voter may include instructions to tell their proxy how to vote or limit them.
- While it may seem convenient to create a form that lists all the resolutions with space to indicate the voter’s instructions, the Civil Resolution Tribunal has found some of these forms contravene SPA s. 56(4) which says “A proxy stands in the place of the person appointing the proxy, and can do anything that person can do, including vote, propose and second motions and participate in the discussion, unless limited in the appointment document.”
- A best practice is to simply provide a space for the eligible voter to write instructions or limitations if they wish.
Can council request copies of proxy appointment forms?
Completed proxy appointment documents must be shown and certified during the meeting’s registration process. Certification means that one or more persons authorized by council ensure the document is complete, signed and dated, and that there are no irregularities. After certification, the document is returned to the proxy. The SPA doesn’t require a strata to keep copies of these documents.
If a proxy is attending a meeting by electronic means, it can be difficult to view and certify the appointment document. Councils often ask owners to provide copies of proxy appointment documents in advance of the AGM or SGM. However this is a voluntary process. The SPA doesn’t say that these documents have to be submitted in advance so the strata cannot require owners to do so. See Preshaw v. The Owners, Strata Plan VIS5792, 2021 BCCRT 384.
Standard Bylaw 28 says the first item in the order of business at an AGM or SGM is “certify proxies and corporate representatives and issue voting cards.” Proxy appointment documents provided in advance or presented at the meeting should be certified at this time, ensuring that the proxy is in attendance.
If a proxy is attending by electronic means and has not voluntarily provided a copy of the document in advance, they should ensure they have a method to show the appointment document during registration. The chair must be able to see the document clearly. They can’t certify the document on the screen if it is blurry, illegible, or too small to read.
Who ensures that a proxy votes as instructed?
A proxy appointment is an agreement between two people. The strata corporation is not a party to the contract and has no authority to enforce it. The SPA has no provision to require a proxy to comply with any instructions in the document. If the person doesn’t vote the way they were instructed, it is a breach of contract between two people.
It is recommended that owners choose only persons they trust to be their proxy.
Can a proxy transfer the appointment to someone else?
Only the eligible voter who appointed the proxy can appoint a different person to be their proxy. If the proxy cannot attend the meeting, they should contact the eligible voter so that they have time to appoint another proxy. If a proxy leaves the meeting, they cannot hand the voting card to another person. The eligible voter or their proxy must be present to cast the vote for that strata lot.
Is it legal to solicit proxy appointments?
Any person can solicit proxy appointments. It is not illegal. Conflict often occurs in stratas when owners feel that a person unfairly controls the outcome of votes because they have been appointed as a proxy by many owners. However, the responsibility rests with the owner who appoints a person to be their proxy. Owners should only appoint a proxy that they trust to cast their vote in a manner which reflects the owner’s intentions. Owners are encouraged to take an active role by attending AGMS and SGMs, participating in discussion, and casting their vote.
How many votes can one proxy have?
There is no limit to the number of proxy appointments that one person may have. If many owners have appointed the same person to be their proxy, it is possible that their total number of votes will be enough to pass a majority, ¾, or 80% vote resolution.
However, if the BC Supreme Court determines the process or result of the vote is “significantly unfair”, it may make an order to prevent or remedy a significantly unfair action, decision, or exercise of voting rights by a person who holds 50% or more of the votes, including proxies, at an AGM or SGM (SPA s. 164).
The Civil Resolution Tribunal has similar powers under section 123(2) of the Civil Resolution Tribunal Act.
Member-only resources
Log in to your account to access the following resources. *Indicates a resource for corporate members only.
- Sample proxy appointment form (2 versions)
- Coming soon: Sample schedule of voting rights
- Coming soon: Templates for AGM SGM registration sheet, secret ballot, and election ballot*
