When
a strata lot owner calls the emergency number at 3:00 a.m. to report that water is pouring through their bedroom ceiling, the restoration company dispatches their crew to deal with the emergency.
Brokerages that collect money on behalf of strata corporations or sections often collect a single payment from
each strata lot owner that includes the monthly strata fee and a portion intended to be added to the contingency reserve fund.
There is the potential for a conflict of interest to arise if a strata management company, for example, provides rental property management services on behalf of
a strata lot owner who rents out a strata lot located in a strata corporation which the strata management company manages.
strata lot owner means a person who is the owner, as defined in the Strata Property Act, of a strata lot;
9 - 3 (1) Subject to this section, the Act and these rules do not apply to an individual licensed as a managing broker, associate broker or representative who is
a strata lot owner in relation to strata management services provided to or on behalf of the strata corporation of which the licensee is a member by reason of being
a strata lot owner, if all the following conditions are met:
The interests of
the strata lot owner with respect to the rental of the unit may be different than those of the strata corporation, and the strata management company providing the strata management and rental property management services may not be able to act in the best interest of both clients in providing both of these services.
Each strata lot owner pays a monthly fee to the management company.
does not provide these services to more than 2 strata corporations in which they are
a strata lot owner;
This provision can be used by a brokerage that wishes to provide strata management services to a strata corporation while at the same time providing rental property management or trading services to
a strata lot owner.
The exemption in Section 2.17 of the Real Estate Services Regulation that enables
a strata lot owner to provide strata management services is limited to individuals who are owners.
Section 9 - 3 of the Rules allows an individual licensee who is
a strata lot owner to provide strata management services to or on behalf of the strata corporation in which the strata lot is a member so long as the licensee:
(c) identify common property and limited common property that
the strata lot owner, and not the strata corporation, is responsible to maintain and repair.
Description: Class actions by individual
strata lot owners were permitted under the Class Proceedings Act, despite representative action provisions of the Strata Property Act.
In addition, the following exemption applies to strata council members who are
strata lot owners and who are not licensees.
The Strata Property Act allows
strata lot owners and others authorized by owners to obtain copies of strata corporation records.
2.17 Exemption for
strata lot owners 2.18 Exemption for strata caretakers employed by strata corporation or brokerage 2.19 Exemption for owner developers
Not exact matches
14.1 For the purposes of sections 241 and 242 of the Act, «previously occupied» means occupied at any time in its past for any purpose, including residential, commercial, institutional, recreational or industrial use, but does not include the occupation of a proposed
strata lot by the
owner developer solely as a display
lot for the sale of
strata lots in the proposed
strata plan.
5.2 For the purposes of section 88 (2) of the Act, a purchaser of a
strata lot from an
owner developer must retain a holdback of 7 % of the gross purchase price.
(3) The registrar must not register an indefeasible title covering more than one
strata lot and its
owner's share in the common property.
I / We,... [name (s)-RSB-, the
owner (s) / tenant (s) / mortgagee of the
strata lot described above, appoint... [name of appointee] to act as my / our proxy at the annual or special general meeting to be held on... [month day, year].
2 The residential
strata lots described below are rented out by the
owner developer as of the date of this statement and the
owner developer intends to rent out each
strata lot until the date set out opposite its description.
5.1 (1) An
owner who wishes to decrease the habitable part of the area of a residential
strata lot without amending the Schedule of Unit Entitlement need not comply with the requirements set out in section 70 (4) of the Act.
3 In addition to the number of residential
strata lots rented out by the
owner developer as of the date of this statement, the
owner developer reserves the right to rent out a further... [number] residential
strata lots, as described below, until the date set out opposite each
strata lot's description.
13.5 (1) At the annual general meeting held under section 230 of the Act, 2 additional members of the council must be elected from the
owners of
strata lots in the new phase to hold office until the next annual general meeting of the
strata corporation.
(2) For the purposes of section 195 of the Act, but subject to a resolution under section 100 of the Act, if a contribution to the operating fund relates to and benefits only one type of
strata lot in a section, and that type is identified as a type of
strata lot in the bylaws of the section, the contribution is shared only by
owners of
strata lots of that type, and each
strata lot's share of that contribution is to be calculated in accordance with the following formula and not in accordance with the formula set out in section 195 of the Act:
(b) include a description and estimated service life over 30 years of those items that comprise the common property, the common assets and those parts of a
strata lot or limited common property, or both, that the
strata corporation is responsible to maintain or repair under the Act, the
strata corporation's bylaws or an agreement with an
owner, including, but not limited to, the following items:
1 The
owner of the
strata lot described below has failed to pay the strata corporation one or more of the amounts owing under section 116 of the Strata Propert
strata lot described below has failed to pay the
strata corporation one or more of the amounts owing under section 116 of the Strata Propert
strata corporation one or more of the amounts owing under section 116 of the
Strata Propert
Strata Property Act.
11.3 (1) For the purposes of section 195 of the Act, but subject to a resolution under section 100 or 108 (2)(b) of the Act, if a section has, by a bylaw passed under section 72 (3) of the Act, taken responsibility for the repair and maintenance of specified portions of some but not all of the
strata lots in the section, a contribution to the operating fund or a special levy in respect of the repair or maintenance of those portions is shared only by the
owners of the
strata lots to which the contribution or special levy relates, and each
strata lot's share of the contribution or special levy is to be calculated in accordance with the following formula and not in accordance with the formula set out in section 195 of the Act:
6.4 (1) For the purposes of section 99 of the Act, but subject to a resolution under section 100 of the Act, if a contribution to the operating fund relates to and benefits only limited common property, the contribution is shared only by
owners of the
strata lots entitled to use the limited common property, and each
strata lot's share of that contribution is to be calculated in accordance with the following formula and not in accordance with the formula set out in section 99 (2) of the Act:
(2) If the new phase consists of only one
strata lot or of
strata lots owned by only one or 2
owners, that
owner or those
owners are deemed to be elected under subsection (1), if that
owner or those
owners consent.
The
Owners,
Strata Plan... [the registration number of the strata plan] certify that the information contained in this certificate with respect to Strata Lot... [strata lot number as shown on strata plan] is correct as of the date of this certif
Strata Plan... [the registration number of the
strata plan] certify that the information contained in this certificate with respect to Strata Lot... [strata lot number as shown on strata plan] is correct as of the date of this certif
strata plan] certify that the information contained in this certificate with respect to
Strata Lot... [strata lot number as shown on strata plan] is correct as of the date of this certif
Strata Lot... [strata lot number as shown on strata plan] is correct as of the date of this certifica
Lot... [
strata lot number as shown on strata plan] is correct as of the date of this certif
strata lot number as shown on strata plan] is correct as of the date of this certifica
lot number as shown on
strata plan] is correct as of the date of this certif
strata plan] is correct as of the date of this certificate.
6.5 (1) For the purposes of section 99 of the Act, but subject to a resolution under section 100 or 108 (2)(b) of the Act, if a
strata corporation has, by a bylaw passed under section 72 (3) of the Act, taken responsibility for the repair and maintenance of specified portions of some but not all of the
strata lots, a contribution to the operating fund or a special levy in respect of the repair or maintenance of those portions is shared only by the
owners of the
strata lots to which the contribution or special levy relates, and each
strata lot's share of the contribution or special levy is to be calculated in accordance with the following formula and not in accordance with the formula set out in section 99 (2) of the Act:
The
Owners,
Strata Plan... [the registration number of the strata plan] certify under section 115 of the Strata Property Act that the owner of the strata lot descri
Strata Plan... [the registration number of the
strata plan] certify under section 115 of the Strata Property Act that the owner of the strata lot descri
strata plan] certify under section 115 of the
Strata Property Act that the owner of the strata lot descri
Strata Property Act that the
owner of the
strata lot descri
strata lot described as
And once a complex
strata is up and running, the
owners of
strata lots being used for different purposes often have different ideas about how to spend the
strata's money and how to operate the
strata.
Generally, a brokerage that provides
strata management services to a
strata corporation, while at the same time providing rental property management services or trading services to an
owner of a
strata lot in a
strata corporation, is in a conflict of interest situation.
(b) provides the
strata management services to or on behalf of the
strata corporation of which the person is a member by reason of being the
owner of the
strata lot, and
The
owner is limited to managing no more than two
strata corporations, provided the
owner owns a
strata lot in each of the
strata corporations.
This may be evident in a
strata corporation parking
lot, parkade or storage room, where an
owner, resident, tenant or visitor may park anywhere or use a storage locker on a first come basis.
In this situation, only those
owners, residents, tenants or visitors of the
strata lots as shown on the
strata plan may park in this area.
For example, a brokerage that provides
strata management services to a
strata corporation might be asked by the
owner of a
strata lot within that
strata corporation to list the
strata lot for sale.
For example, a brokerage that provides
strata management services to a
strata corporation, while at the same time providing rental property management services or trading services to an
owner of a
strata lot in the
strata corporation, may be in a conflict of interest.
Section 116 of the
Strata Property Act gives a strata corporation the authority to register a lien against an owner's strata lot under certain circumstances in a prescribed form — Form G - Certificate of
Strata Property Act gives a
strata corporation the authority to register a lien against an owner's strata lot under certain circumstances in a prescribed form — Form G - Certificate of
strata corporation the authority to register a lien against an
owner's
strata lot under certain circumstances in a prescribed form — Form G - Certificate of
strata lot under certain circumstances in a prescribed form — Form G - Certificate of Lien.
The
owners of these
strata lots may choose to provide a lease or licence to another party.
Currently, all
strata -
lot owners must consent to termination — a requirement that, the consultation paper notes, makes collective decision making very difficult, and can result in property disputes that can only be resolved through the courts.