226 THE ADVOCATE
VOL. 77 PART 2 MARCH 2019
These recommendations address five distinct areas in strata corporation
• Bylaws and rules. The report recommends that 12 standard bylaws
be relocated from the Act’s Schedule of Standard Bylaws to the
body of the Strata Property Act. These recommendations will reset
the balance between provisions that should apply generally to
strata corporations and that should therefore be beyond the reach
of amendment by a strata corporation (such as those dealing with
the strata corporation’s duty to repair and maintain property), and
provisions that should allow for variation among strata corporations
(such as those relating to meeting procedure).
• Statutory definitions. To address concerns that have arisen in
practice, the report recommends adding to the Act definitions of
“continuing contravention” and “rent”.
• General meetings and strata council meetings. The report
makes 20 recommendations on this topic. These recommendations
include requiring proxy appointments to be made using a
prescribed standard form, providing that election to strata council
entails commanding a majority of the ballots cast, establishing
statutory criteria for council members (which are modelled on
similar criteria for society directors) and clarifying the order of
agenda items for annual and special general meetings.
• Finances. The report recommends the creation of a special limitation
period for claims that may be the subject of a strata corporation’s
lien under s. 116 of the Act, which would be set at four years.
It also recommends updating a number of regulatory provisions
concerning the maximum amount of fines and fees.
• Notices and communications. The report recommends updating
a score of anomalous notice provisions and periods to better align
with current practices.
The Report on Governance Issues for Stratas is the third report and eighth
major publication issued as part of the Strata Property Law Project (Phase
Two). Look for two more reports—on insurance issues and on common
property, land titles and fundamental changes—to be published before the
project comes to a close in 2019.