The Role and Responsibilities of BC Strata Councils: Governance, Limitations, and Decision-Making

Strata councils play a crucial role in the management and governance of strata properties in British Columbia. They act as the executive body of the strata corporation, making decisions that affect the daily operations and long-term planning of the community. This blog post will explore the responsibilities, limitations, and powers of strata councils, how members are elected, and the rules that govern their actions.

Responsibilities of the Strata Council

The strata council is responsible for the administration of the strata corporation and the maintenance of common property. Their duties include:

1. Maintenance and Repairs: Ensuring that common property and facilities are properly maintained and repaired.
2. Financial Management: Overseeing the financial affairs of the strata corporation, including preparing the annual budget, managing funds, and maintaining financial records.
3. Enforcing Bylaws and Rules: Ensuring that all residents comply with the strata’s bylaws and rules, and taking appropriate action when violations occur.
4. Insurance: Arranging for adequate insurance coverage for the strata corporation’s common property and liability.
5. Communication: Keeping owners informed about important issues, decisions, and upcoming meetings.
6. Legal Matters: Handling any legal issues that arise, including disputes with owners or third parties.
7. Meeting Organization: Calling and organizing Annual General Meetings (AGMs) and Special General Meetings (SGMs) as needed.
   
   

Limitations and Control

While strata councils have significant authority in managing the strata corporation, their powers are not unlimited. Key limitations include:

1. Bylaws and Strata Property Act Compliance: All actions and decisions must comply with the Strata Property Act, regulations, and the strata’s own bylaws and rules.
2. Owner Approval for Major Decisions: Certain decisions, such as significant changes to common property or large expenditures, require approval from the owners through a majority vote at a general meeting.
3. Transparency and Accountability: Strata councils must operate transparently and provide regular reports to owners. They are accountable to the owners and must act in the best interests of the strata corporation.
4. Conflict of Interest: Council members must avoid conflicts of interest and act impartially when making decisions.
   
   

Election and Composition of the Strata Council

How Members Are Decided

Strata council members are elected by the owners at the AGM. The process generally follows these steps:

1. Nominations: Owners can nominate themselves or others to serve on the council. Nominations may be submitted in advance or made during the AGM.
2. Voting: If there are more nominees than available positions, a vote is held. Each owner can cast votes equal to the number of council positions, and the nominees with the most votes are elected.
3. Term: Council members typically serve a one-year term, until the next AGM, although they can be re-elected for multiple terms.

Composition

The size of the strata council can vary but typically consists of 3 to 7 members, depending on the size of the strata corporation and its bylaws. The council usually includes a president, vice-president, treasurer, and secretary, although roles can vary.

Rules Governing the Strata Council

The actions and decisions of the strata council are governed by:

1. Strata Property Act: The primary legislation that outlines the duties, powers, and limitations of strata councils in British Columbia.
2. Strata Bylaws and Rules: Each strata corporation has its own set of bylaws and rules that provide additional governance and operational guidelines.
3. Annual Budget and Financial Regulations: Strata councils must follow strict financial management practices, including preparing and presenting an annual budget, maintaining financial records, and managing the Contingency Reserve Fund (CRF).
4. Meeting Procedures: AGMs, SGMs, and council meetings must follow prescribed procedures, including providing proper notice, allowing owner participation, and keeping accurate minutes.
   
   

Conclusion

Strata councils are essential for the effective management and governance of strata properties in British Columbia. They have significant responsibilities and powers but must operate within the limits set by the Strata Property Act, strata bylaws, and owner approvals. By understanding the role, limitations, and governance of strata councils, owners can better engage with and support their council, ensuring the smooth operation and long-term success of their strata community. If you are interested in serving on your strata council, consider attending the next AGM and nominating yourself or another capable owner. Active participation helps ensure that your strata corporation is well-managed and responsive to the needs of all residents.