402 THE ADVOCATE
VOL. 76 PART 3 MAY 2018
“Governance” is a common term used to refer to the method or system of
an organization’s management. The hallmark of good governance is found
in an organization’s ability to make timely, effective and enforceable decisions.
Laws on governance are intended to foster these goals.
The popular conception of decision making in property law emphasizes
the sovereignty of individual owners. This concept is reflected in the saying,
“My home, my castle.” But right from the start it has been clear that this
approach would not work for strata properties. Giving every owner a veto
over every decision would make it next to impossible for the collective to
manage common property and to ensure harmonious living in a multi-unit
Strata governance has been based on the corporate model. It provides for
majority rule on most decisions, with some important, far-reaching decisions
calling for greater-than-majority support.
In the consultation paper, the committee does not take issue with this
basic premise of strata governance. But it does propose a significant level of
fine-tuning in selected areas, to improve the operation of the law.
Highlights from among the committee’s proposals include the following:
• relocating 11 bylaws (or parts of a bylaw) from the schedule of standard
bylaws to the body of the Strata Property Act;
• establishing a defined form of proxy appointment for general
• establishing statutory qualifications for strata council members,
modelled on the qualifications for directors found in the Societies
• clarifying the order of agenda items for general meetings; and
• creating a special four-year limitation period for claims that may
be subject to the strata corporation’s lien under section 116 of the
Strata Property Act.
The committee also considered, but declined to endorse, the following
• extending the strata corporation’s lien to cover fines and chargebacks;
• limiting the number of proxy appointments for a general meeting
that one person may hold.
How to Have Your Say
Copies of the consultation paper are available for download at the BCLI