Decisions of the Condo Board: Understanding the Strata Property Act, Condo Fees, and Repairs

In the intriguing world of condominium ownership, you may encounter instances where your Strata Corporation or condo board enforces special levies. These are additional charges collected over and above your standard condo fees. Their purpose? To cover things including, but not limited to unexpected expenses that surpass the annual budget, fund unforeseen necessities such as legal proceedings, or urgent repairs. They are used as the financial safety net when your condominium’s contingency fund is not used or is insufficient.

From the courtroom to the condo, it’s clear that surprises are rarely welcome. This is particularly true when it comes to your wallet.

Now, these special levies aren’t whims of the condo board; they’re governed by well-defined processes under the Strata Property Act. A three-fourths majority vote must approve the special levy before it’s imposed. The Strata Corporation is obligated to inform the owners about the purpose of the levy, its total cost, each owner’s contribution, and the due date for payment. Unconventional monetary contributions might even require unanimous approval.

If you find a special levy imposed without this majority vote or without appropriate information, your Strata Corporation could be acting in violation of the regulations. In such cases, you, as a condo owner, have the right to approach the Civil Resolution Tribunal. This tribunal can help you contest the levy and demand a fresh vote.

Know Your Strata Property Act Obligations

Dealing with condo repairs can sometimes feel like navigating a maze, especially in cases dealing with the areas classified as ‘common property’ or ‘limited common property’. Understanding the nature of the property and the responsibilities of the Strata Corporation under the Strata Property Act is crucial.

This ‘property puzzle’ isn’t a game of chance, though. The Strata Corporation generally is responsible for maintaining and repairing common property. If they decline to do so, you need to dig deeper. Understand why they refuse and whether the refusal aligns with the Strata Bylaws.

If the Strata Corporation consistently declines to undertake necessary repairs without valid reasons, you are entitled to raise this issue. This can be done at an Annual General Meeting or Special General Meeting. If the corporation continues to disregard the need for repairs, you can escalate the issue to the Civil Resolution Tribunal. This process can help ensure that your Strata Corporation fulfills its obligations.

Challenging Strata-Issued Fines

Finding a fine from your Strata Corporation in your mail can make your heart skip a beat. But fear not, because the Strata Property Act has provisions to help you contest it. The first step is to stop talking about the fine, especially to property managers who might not have your best interest at heart.

Next, follow the instructions included with your fine to contest it. You can request a hearing with the Strata Council, who will set a future date for a hearing in relation to the fine, and ultimately provide a decision. If you don’t contest the fine, the strata corporation will consider you guilty. The fine amount will be registered as a charge against your condo until it’s paid, possibly with accruing interest.

Once you’ve requested a hearing, prepare a ‘demand letter’ for the Strata Corporation. This letter should ask for all the evidence against you. Under Sections 35 and 36 of the Strata Property Act, the Strata Corporation has two weeks to comply and provide you with the evidence.

Remember, getting fined feels like getting a parking ticket while driving a stationary bike—it doesn’t sit well. As a condo owner, you have the right to dispute the fine and defend your case effectively.

Electric Vehicle Charging in Condos: Understanding the Bylaws

With the rise of electric vehicles (EVs), new questions about EV charging in condos have emerged. Can you just plug in and charge your vehicle? Well, the answer largely depends on your Strata Corporation and strata bylaws.

While your EV might be green, that doesn’t automatically give it the green light for charging.

In most cases, your Strata Corporation can deny EV charging unless the strata bylaws permit it. This is because the charging ports, electricity, and other hardware used for EV charging are typically considered common property. As a rule, you need approval from your Strata Corporation before making any alterations to common property. This includes plugging in your EV for charging.

Plumbing Issues in Condos: Who’s Responsible?

Having plumbing issues in your condo? If you’re knee-deep in the water wondering who’s responsible for repairs, fret not. The Strata Property Act typically designates the Strata Corporation as responsible for maintaining and repairing common property. This includes the labyrinth of plumbing pipes running through the building.

Of course, when it comes to plumbing issues, no one wants to be ‘caught in the drain’, so to speak.

The costs associated with these plumbing repairs are typically managed by the Strata Corporation. They might be covered by the Operating Budget, the Contingency Fund, or through special levies, if necessary.

In Conclusion

Being a condominium owner can sometimes feel like being caught in a web of strata bylaws, condo fees, and repair responsibilities. However, with a clear understanding of the Strata Property Act, your rights as a strata owner, and the obligations of your Strata Corporation, you can effectively navigate these complexities. The Civil Resolution Tribunal is your ally in this journey, ensuring impartial resolution in cases of disputes. After all, in the realm of condos, knowledge isn’t just power—it’s peace of mind.

Should you need further assistance in navigating these issues or if you find yourself embroiled in a dispute with your Strata Corporation, do not hesitate to contact YLaw. Our team of experienced strata lawyers in British Columbia is ready to help you assert your rights and navigate the intricacies of condo law.