Quick links
- BC Strata Housing: Information and record keeping in stratas
- Video: What records are strata corporations required to keep?
- Video: Creating a strata privacy policy
- Video: Best practices for strata meeting minutes
What records must a developer provide?
Among other obligations, SPA s. 20 says the developer must give the strata corporation copies of all of the following:
- Any disclosure statement required by the Real Estate Development Marketing Act (REDMA)
- Registered strata plan
- All plans that were required to obtain or amend a building permit
- Any document that indicates the actual location of a pipe, wire, cable, chute, duct or other facility for the passage or provision of systems or services (if not shown on the above plans)
- All contracts entered into by or on behalf of the strata corporation (such as insurance coverage, waste removal, elevator, and strata management contracts)
- all records required to be prepared or retained by the strata corporation under section 35 and any other records required by the regulations
- All warranties, manuals, schematic drawings, operating instructions, service guides, manufacturers’ documentation and other similar information respecting the construction, installation, operation, maintenance, repair and servicing of any common property or common assets (including any warranty information provided to the owner developer by the contractors below)
- Names and addresses of all contractors, subcontractors and persons who supplied labour or materials to the project including:
- contractors or subcontractors primarily responsible for the supply of labour or materials to each of the major components of the project: the electrical, heating, and plumbing systems; elevators; exterior walls, windows, doors on the exterior of the building, roof, and building foundations
- technical consultants, including building envelope specialists, if any, and the project manager, if any
If the owner developer doesn’t provide these and strata corporation has to pay money to obtain any of these documents, the developer owes that amount to the strata corporation. The strata may register a lien against any strata lot owned by the owner developer to collect the amount owed. See SPA 20(3) and SPA s. 112 to 118.
Within one week after the first annual general meeting (AGM), the owner developer must transfer control of the strata corporation. For 2 years, the owner developer must keep all financial records that relate to the strata corporation’s finances during the period before the transfer of control. If the strata makes a request during that 2-year period, that the owner developer must make the records available for inspection free of charge by the strata corporation. The strata corporation may, at its expense, copy or audit them.
What records must the strata keep?
The Strata Property Act (SPA) requires all strata corporations, whether 2 units or 200 units, to keep certain records. This is mandatory.
The strata corporation must prepare and must retain the records in SPA s. 35 and Regulation 4.1.
Records from the developer
- Records under SPA s. 20 , 23, and Regulation 3.2
Financial records
- Books of account showing money received and spent and the reason for the receipt or expenditure (e.g. general ledger)
- Budget for the current year and for previous years (approved by owners at an annual general meetings (AGMs))
- Financial statement for the current year and for previous years (the statements included in the Notices for AGMs)
- Income tax returns, if any
- Bank statements, cancelled cheques, and certificates of deposit for all accounts (operating fund, contingency reserve fund, investments (if any) and special levy account (if any))
Administrative records:
- Minutes of AGMs and SGMs and council meetings, including the results of any votes
- A list of council members and telephone numbers or some other method by which the council member may be contacted at short notice (such a strata management company’s emergency phone number if that service contacts council members)
- A list of owners, mortgagees, and tenants (see more information below)
- Correspondence sent or received by the strata corporation and council (see more information below)
- Written contracts to which the strata corporation is a party (such as insurance coverage, waste removal, elevator, and strata management contracts)
- Information Certificates issued (Form B)
Legal records:
- Registered strata plan, strata plan amendments, and designation of limited common property filed at the land title office
- Strata Property Act, Strata Property Regulation, bylaws and rules
- Any decision of an arbitrator or judge, or of the Civil Resolution Tribunal, in a proceeding in which the strata corporation was a party (including Human Rights Tribunal)
- Any legal opinions obtained by the strata corporation (however some opinions are protected by solicitor-client privilege)
Building and maintenance records:
- Records from the developer under SPA s. 20 and 23
- Depreciation reports, and reports about items contained in a depreciation report
- Electrical planning reports, and reports about EV charging infrastructure or the management of electricity used by EV charging infrastructure
- Any reports obtained by the strata corporation respecting repair or maintenance of major items in the strata corporation, including, without limitation, engineers’ reports, risk management reports, sanitation reports, (including reports about the fire safety and life systems, building envelope condition, roof, and certain water leak investigations)
SPA s. 35 doesn’t specifically mention certificate of payment (Form F), certificate of lien, indemnity or assumption of liability agreements however all of these could be considered correspondence with an owner. Due to their legal importance, it is recommended that the strata keep these records.
A strata may keep other records but is not required to do so. For example, there is no requirement in the SPA for the strata corporation to keep records such as invoices, sign in sheets for general meetings, ballots, or proxy appointment forms.
Can a strata manager keep the records?
Many strata management contracts require the management company to keep copies of records. The contract typically includes an annual storage fee for records.
SPA s. 37 says “(1) If a strata management contract ends, the person providing the strata management services must, within 4 weeks, give the strata corporation any records referred to in section 35 that are in the person’s possession or control. (2) A person who fails to comply with subsection (1) must pay to the strata corporation an amount calculated according to the regulations” ($1,000).
Despite best intentions, the process to hand over records can be slow and the strata may find that the records are incomplete. For example there might not be a copy of every email. Typically emails are stored in email accounts for 2 years. It would be challenging to print or save a pdf copy of every email the company sends and receives with multiple departments and staff turnover.
A best practice for the strata corporation is to create an email address used for all strata business (e.g. strataVIS1234@gmail.com). The strata will at least have a copy of all email correspondence with the management company. The strata could also develop a policy that the manager must forward all emails from owners and contractors to council so that the strata has a copy. Council could also file documents it sends or receives such as council meeting minutes, general meeting minutes, contracts, depreciation reports, bylaws, rules, the strata plan, and financial records and statements. This practice ensures that council has copies of many of the records.
How long must records be kept?
Strata Property Regulation 4.1 specifies how long each type of record must be kept.
For example, copies of correspondence must be kept for at least 2 years, minutes of council meetings and general meetings must be kept for at least 6 years, and depreciation reports must be kept permanently.
VISOA members can access the Strata Records Retention Guide to quickly reference what records the strata corporation must keep and for how long.
Requests for documents and records
Under SPA s. 36, the following persons may request copies or to inspect any of the records and documents listed in SPA s. 35:
(a) an owner,
(b) a tenant who, under SPA s. 147 or 148, has been assigned a landlord’s right to inspect and obtain copies of records and documents, or
(c) a person authorized in writing by an owner or tenant referred to in paragraph (a) or (b)
A strata section is not identified as being entitled to request copies or inspect records of the strata corporation. A section is required to keep the section’s records but not the strata corporation’s records. However any person listed above could make the request.
Best practices are to make the request in writing listing which records are being requested.
SPA s. 36 is mandatory. On receiving a request, the strata corporation must make the records and documents referred to in SPA s. 35 available for inspection or provide copies of them. The strata corporation must comply within 2 weeks (within one week if the request is for inspection or copies of the bylaws or rules) and may charge a fee for a copy of a record or document provided. This includes copies of correspondence sent or received by the strata corporation and council, including correspondence about alleged violations of bylaws or rules. Information cannot be redacted.
There are numerous Civil Resolution Tribunal (CRT) cases where owners said the strata didn’t provide the records they asked for. See CRT claims about access to records.
What is the fee for copies of records?
The strata corporation may charge a fee for a copy of a record or document provided. The fee must not more than the amount set out in Regulation 4.2 ($0.25 per page) and the strata corporation may refuse to supply the copy until the fee is paid.
What is the fee for inspecting records?
While the strata can charge a fee for copies of records, it cannot charge a fee for inspecting any records. If a strata management company holds those records and charges a fee for examining them, the strata corporation must pay the fee to the management company in accordance with their contract but cannot charge the cost back to the owner.
What documents can realtors request?
As mentioned above, any person who has been authorized in writing by an owner can request any document referred to in SPA s. 35 and 36.
Realtors typically request documents such as 2 years of minutes of council meetings and general meetings, financial statements, correspondence, the strata plan, and bylaws. They often order a Form B Information Certificate which includes a copy of the rules (if any), budget, depreciation report (if any), summary of insurance, and electrical planning report (if any). The Form B may require other documents to be attached such as indemnity agreements, decisions of a court or tribunal, or work orders. Learn more about the Form B Information Certificate and Form F Certificate of Payment.
The maximum fee that the strata corporation may charge for a Form B $35 plus up to 25 cents per page. While a Form B must be supplied within one week, the strata corporation may refuse to issue the certificate until the fee is paid.
The maximum fee that the strata corporation may charge for a Certificate of Payment (Form F) referred to in section 115 of the Act is $15. The deadline is within one week of the request.
Can people request copies of correspondence?
The people who can request copies or to inspect records and documents under SPA s. 36, can “correspondence sent or received by the strata corporation and council.”
Examples of correspondence sent or received by the strata corporation and council include:
- An owner sends an email or letter to council about any matter, including complaints and correspondence about alleged violations of bylaws or rules
- Council or a council member sends an email or letter to an owner, excluding personal communications where a person is not acting in their capacity as a council member
- Council or a council member sends an email or letter to a strata manager, contractor, tradesperson
Correspondence between council members are not considered to be correspondence sent or received by the strata corporation. However the correspondence might need to be disclosed for a court or tribunal proceeding.
The Personal Information Protection Act (PIPA) authorizes an organization including a strata corporation to disclose personal information if the disclosure is required or authorized by law. Under SPA s. 36, the strata is required to provide copies of records referred to in SPA s. 35 therefore copies of records including correspondence cannot be redacted.
When writing emails and letters be aware that others have a right to see them without redaction. A best practice is for owners and council members to be as professional as possible. Stay on topic. Remove angry outbursts, inappropriate comments, foul language, extraneous explanations, and any personal information that is not necessary for the purpose of the communication. Keep the language factual and polite: imagine that a neighbour, a manager, a judge, or a tribunal adjudicator is reading it!
Who can see the list of owners and tenants?
SPA s. 35 requires the strata corporation to keep a list of
- owners, with their strata lot addresses
- mailing addresses if different
- strata lot numbers as shown on the strata plan
- parking stall and storage locker numbers, if any
- and unit entitlements
- names and addresses of mortgagees who have filed a Mortgagee’s Request for Notification under SPA s. 60
- names of tenants, and assignments of voting or other rights by landlords to tenants under SPA s. 147 and 148 (if any)
On receiving a request from a person authorized in SPA s. 36, the strata corporation must make the list of owners and tenants available for inspection or provide a copy. Information cannot be redacted. Since the list can be viewed by owners, realtors, purchasers etc. it’s important not to include any other personal information.
Council can maintain a separate, confidential list that includes additional information if the strata requires the information to conduct the business of the strata corporation such as phone numbers, email addresses, emergency contacts, names of occupants who are not owners or tenants, pets, banking information, and licence plate numbers.
Is my personal information protected?
The Personal Information Protection Act (PIPA) cannot be used as an excuse for not collecting or releasing information required under the SPA. PIPA authorizes an organization including a strata corporation to disclose personal information if the disclosure is required or authorized by law. Under SPA. 36, the strata is required to provide copies of records referred to in s. 35 and Regulation 4.1 and therefore the records must be provided unredacted. See a guide to privacy in stratas.
For a plain language explanation see the OIPC Privacy Guidelines for Strata Corporations and Strata Agents which outlines the information a strata corporation is authorized to collect. It states: “If it is required to or authorized by law, a strata corporation can disclose personal information without consent.”
Strata corporations should seek legal advice before creating bylaws that require owners, tenants, or guest to provide certain information. For example, the Civil Resolution Tribunal and BC Supreme Court found a bylaw that required overnight guests to provide personal information including photo ID was not enforceable because it contravenes the PIPA. See Wong v. The Owners, Strata Plan BCS 435, 2020 BCCRT 53.
Member-only resources
Log in to your account to access the following resources:
- Strata records retention guide
- Request form for strata records and documents
