What Documents Can Strata Owners Access?

If you’re in the middle of a dispute with your strata corporation it is very important to have access to, and review all relevant documents to support your case. As an owner (and sometimes as a tenant), you’re entitled to receive and view specific records under section 35 of the Strata Property Act from your strata corporation upon written demand.

What Documents does the Strata Corporation have to Disclose in BC?

The records to which you’re entitled to receive and view pursuant to s.36 of the Strata Property Act include but are not limited to:

1. annual and special general meetings minutes;
2. council meeting minutes;
3. lists of council members;
4. lists of owners;
5. records showing when and from whom money was received, when and where it was spent, and the reason(s) for the expenditure;
6. the Strata Plan filed in the Land Title Office;
7. the strata corporation’s bylaws;
8. resolutions dealing with changes to common property, including the designation of limited common property;
9. written contracts to which your strata corporation is a party;
10. any legal decision affecting your strata corporation;
11. any legal opinion received by your strata corporation;
12. the budget and financial statements for the current year and for previous years;
13. income tax returns, if any;
14. correspondence sent or received by your strata corporation and its legal counsel;
15. your strata corporation’s bank statements, cancelled cheques, and certificates of deposit;
16. depreciation reports; and
17. any reports respecting the repair or maintenance of major items in the strata corporation, including engineers’ reports, risk management reports, sanitation reports, and reports respect any item required to be contained in a deprecation report.

Your strata corporation is obligated to provide the abovementioned documents pursuant to section 36 of the Strata Property Act.

What documents does a Strata Corporation NOT have to disclose?

Your strata corporation does not have to disclose correspondence between strata council members. The production of emails also raises the issue of electronic data recovery from strata council’s personal computers.

However, you may obtain disclosure of strata council members’ emails during litigation (once commenced) if you prove they are relevant. Civil Resolution Tribunal Rule 8.1 says that a party must provide all evidence in their possession that may prove or disprove an issue in dispute, even if it does not support that party’s position. It is best to speak to a strata lawyer to better understand your rights in this area.

So, for example, if you allege that strata council members intentionally conspired against you via email, the emails relating to the alleged conspiracy may be disclosed.

Remember, it’s your obligation to prove the relevance of the documents being sought.

How quickly does your Strata Corporation have to provide documents?

1. If you request copies of your strata corporation’s bylaws or rules, then your strata corporation must respond within one (1) week.
2. If you’re requesting any other document, then your strata corporation must respond within two (2) weeks.

What happens if your Strata Corporation does not produce documents to you in a timely manner, or at all?

If the Strata Corporation fails to produce disclosure under section 35 and 36 of the Strata Property Act, then you (i.e., an Owner) can apply to the Civil Resolution Tribunal to demand production of the requested documents. Under section 48.1 of the Civil Resolution Tribunal Act, the tribunal may:

• order the Strata Corporation to do or stop doing something;
• order the Strata Corporation to pay money; and
• order any other terms and conditions the tribunal considers appropriate.

Do I Have to Have a Lawyer if I Take my Strata Corporation to Court?

If you make an application to the Civil Resolution Tribunal, then section 20 of the Civil Resolution Tribunal Act generally requires you to be self-represented. However, nothing prevents you and it is in fact advisable to have a  strata lawyer, provide advice, strategy and even draft some of your important documents.

If you have made a claim against your Strata Corporation through the BC Supreme Court, it is highly recommended to seek the assistance and representation of an experienced strata lawyer.

How much does a demand for disclosure under the Strata Property Act cost?

If you make any request under section 35 and 36 of the Strata Property Act, then your strata corporation is entitled to charge you $0.25 per page. This cost can be charged regardless of whether you’re provided electronic documents or paper copies.

Strata Litigation in BC: The Civil Resolution Tribunal Process for Obtaining Documents 

To file a claim with the Civil Resolution Tribunal:

1. work through the Solution Explorer. Once you reach the end, you’ll be provided with general information about the relevant area of law, and you’ll have an option to submit a claim application.
2. Once your claim is accepted by the Civil Resolution Tribunal, then you must serve your application onto the Strata Corporation.
3. To properly serve your strata corporation, you must personally serve a strata council member or mail your claim, by registered mail, to the strata corporation at its most recent mailing address on file in the land title office.
4. If your strata corporation does not respond to your claim, then you can request a decision in the strata corporation’s absence.
5. If your strata corporation does respond, then you’ll be directed to facilitated negotiations.
6. If you reach an agreement, then you can enter a Consent Resolution Order.
7. If you do not reach an agreement, then you’ll be directed to a hearing where you need to present evidence and arguments. Afterwards, you will receive a CRT decision.

If you are having a strata dispute, it is crucial to obtain legal advice and strategy from a strata lawyer in BC to know your options and best chances. Our experienced strata lawyers are happy to help you. Please call us at 604 974 9529 or get in touch.