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COSTAR

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Strata Life in a Small Multiplex: Bylaws, the Reserve Fund, Depreciation Reports and a Property Manager

By Costar Construction

Frequently asked questions

Who runs the strata in a new Vancouver multiplex before the owners move in?

The owner developer does. Section 5 of BC's Strata Property Act says the owner developer acts as the strata council from the day the strata corporation is created until the owners elect a council at the first annual general meeting. Section 6 says the owner developer must act honestly and in good faith for the strata corporation and must make reasonable efforts to pursue any warranty claims on the shared parts of the building.

When does the first strata meeting have to happen in a new BC multiplex?

Section 16 of the Strata Property Act says the owner developer must hold the first annual general meeting within a 6 week period. That period starts on whichever comes first: the day more than half of the homes have been sold to buyers, or 9 months after the first home is sold. The notice must include the proposed budget and a financial statement.

What happens if the developer of a Vancouver multiplex is late with the first strata meeting?

Under section 17 of the Strata Property Act, any owner may call the meeting instead. Section 3.1 of the Strata Property Regulation says the owner developer then owes the strata corporation $1,000 for a delay of up to 30 days, plus $1,000 for each further 7 days.

Does a fourplex strata in Vancouver need a depreciation report?

No, as long as the strata plan has fewer than 5 strata lots. Section 6.22 of the Strata Property Regulation removes the depreciation report requirement for a strata corporation with fewer than 5 lots, for as long as that stays true. A strata with 5 or more lots must get one. Owners of a small strata may still choose to pay for one.

How soon does a new five-unit multiplex strata in Metro Vancouver need its first depreciation report?

Section 6.21 of the Strata Property Regulation says a strata corporation created on or after July 1, 2024 but before July 1, 2027 must get its first depreciation report no later than 2 years after its first annual general meeting. For a strata created on or after July 1, 2027, the deadline is 18 months after the first annual general meeting. After the first report, a new one is needed at least once every 5 years.

How much must go into the contingency reserve fund of a new BC strata?

At the first sale, section 12 of the Strata Property Act and section 3.01 of the Regulation require the owner developer to deposit 10% of the estimated operating expenses in the interim budget, when that first sale is within one year of the strata plan being filed. After that, each year's contribution must be at least 10% of the amount budgeted for the operating fund, under sections 3.4 and 6.1 of the Regulation.

Can a new multiplex strata in Vancouver cancel the property manager the developer hired?

Yes. Section 24 of the Strata Property Act says a strata management contract signed before the first annual general meeting ends 4 weeks after the second annual general meeting at the latest, unless the owners vote by majority at that meeting to keep it. Section 39 also lets the strata corporation cancel any strata management contract on 2 months' notice after a 3/4 vote at a general meeting.

Does a strata manager need a licence in BC?

Yes. The Province's strata housing pages say all strata managers in BC must be licensed, and that the BC Financial Services Authority (BCFSA) licenses them. You can check a manager or company on BCFSA's Find a Professional search, which can be filtered to strata management. Owners who manage their own strata do not need a licence.

Where do owners in a small Metro Vancouver strata take a dispute?

Many strata disputes go to the Civil Resolution Tribunal, BC's online tribunal. It hears disputes about unpaid strata fees or fines, bylaw enforcement, repairs, meetings and voting. Section 189.1 of the Strata Property Act says an owner must first ask for a hearing with the strata council, unless the tribunal waives that step. The Province says the tribunal cannot decide disputes dealing with developers, and some strata disputes must be filed in the BC Supreme Court instead.

Sources

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