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Table of Contents
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Chapter 1 - Introduction
This chapter gives a brief history of strata legislation in British Columbia and an overview of the Manual.
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Chapter 2 - The Creation of Strata Developments
This chapter explains the features that distinguish a strata development and how the strata scheme differs from a co-op development, or a typical development on first nations land. This chapter also explains the role of a strata plan and how to obtain a copy of the strata plan for any particular strata development.
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Chapter 3 - The Strata Property Act
This chapter gives a brief history of the Strata Property Act, including tits regulations and Forms. The chapter also tells the reader how to obtain a copy of the legislation.
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Chapter 4 - Strata Plan Types, Styles and Uses
This chapter explains the main differences between strata plans that subdivide buildings and those that subdivide land (called bare land strata plans). The chapter also describes what an air parcel is and how a strata plan may subdivide an air space parcel.
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Chapter 5 - Freehold Versus Leasehold
This chapter explains the differences between a freehold strata development versus a leasehold strata development.
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Chapter 6 - Strata Corporation
This chapter explains what a strata corporation is and how it is created.
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Chapter 7 - Strata Council
This chapter explains the authority of a strata council. This chapter also describes the election of strata council members, the standard of performance expected of a strata council member (called the standard of care) and the conflict of interest requirements that bind a strata council member. The chapter also describes why a strata council must take into account privacy concerns under the provincial Personal Information Protection Act.
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Chapter 8 - Members
This chapter explains who an owner is under the Strata Property Act. This chapter also describes how the eligible voters, including owners, may in a general meeting direct the strata council what to do.
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Chapter 9 - Strata Managers
This chapter explains the licensing requirements for strata managers, including a licensed strata manager’s record keeping duties. This chapter also describes what the Strata Property Act requires when hiring or firing a strata manager.
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Chapter 10 - Sections
This chapter explains what a section is, and how to create one. This chapter also describes the powers and duties of a section.
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Chapter 11 - The Developer
This chapter explains a developer’s powers and duties. This chapter also explains how governance of the strata corporation passes from the developer to the owners.
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Chapter 12 - Meetings
This chapter explains the requirements for a general meeting of a strata corporation or a meeting of strata council. This chapter also describes minute-taking requirements, including privacy concerns under the provincial Personal Information Protection Act.
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Chapter 13 - Record Keeping
This chapter explains what records a strata corporation must keep, and who gets access to them. This chapter also describes how under the provincial Personal Information Protection Act a strata corporation must take privacy concerns into account when keeping records.
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Chapter 14 - Voting
This chapter describes the number of votes per strata lot and who may exercise a strata lot’s vote. This chapter also explains the requirements for a majority vote, a three-quarter vote and a unanimous vote.
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Chapter 15 - Finances
This chapter explains how the owner of each strata lot must contribute to the strata corporation’s common expenses according to a table called the schedule of unit entitlement. This chapter also describes the financial machinery of a strata corporation, including the different roles of an operating fund and a contingency reserve fund, the budget process, strata fees and requirements for a special levy. The chapter also explains how a strata corporation collects money owing to it, including the use of a Certificate of Payment (Form F) or a lien. This chapter also briefly describes the financial powers of a section.
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Chapter 16 - Insurance
This chapter describes a strata corporation’s insurance requirements and explains why an owner or tenant should carry their own insurance. This chapter also explains why the presence of insurance coverage has nothing to do with determining who in a strata corporation must perform or pay for a repair.
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Chapter 17 - Common Property
This chapter explains what common property is, who owns it and who manages it. In addition, this chapter explains the concept of limited common property and the function of a short term exclusive agreement or special privilege. This chapter also explains how to determine the ownership of a parking stall and the parking rights connected with it.
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Chapter 18 - Need For Bylaws And Rules
This chapter explains the different roles of bylaws and rules respectively.
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Chapter 19 - Statutory Bylaws and the Effect of the Strata Property Act
This chapter explains how every strata corporation acquires a set of default bylaws called the standard bylaws. The chapter also describes how a strata corporation may create custom made bylaws called amended bylaws.
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Chapter 20 - Amending Bylaws
This chapter explains how to amend a bylaw. The chapter also describes how in some cases the Strata Property Act exempts persons or pets from a new bylaw that would otherwise apply to them.
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Chapter 21 - Rules
This chapter explains what a rule is and how to create one.
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Chapter 22 - Rental Restriction Bylaws
This chapter explains what a Rental Disclosure Statement is. The chapter explains how a strata corporation may adopt and enforce a bylaw that restricts residential rentals. The chapter also describes the main ways in which an owner may escape the application of a rental restriction bylaw.
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Chapter 23 - Age Restriction Bylaws
This chapter explains how a strata corporation may adopt and enforce a bylaw that restricts the age of persons who reside in a strata lot. The chapter also explains how an age restriction bylaw does not apply to a person residing there when the bylaw is passed.
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Chapter 24 - Enforcing Bylaws And Rules
This chapter explains the ways that a strata corporation may enforce its bylaws and rules, including fines.
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Chapter 25 - Carrying Out Repairs
This chapter explains how to determine whether a strata corporation or an owner must perform a repair. This chapter also explains why the presence of insurance coverage has nothing to do with determining who in a strata corporation must perform a repair.
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Chapter 26 - Paying For Repairs
This chapter explains how to determine whether a strata corporation or an owner must pay for a repair. This chapter also explains why the presence of insurance coverage has nothing to do with determining who in a strata corporation must pay for a repair.
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Chapter 27 - Lawsuits
This chapter explains when a strata corporation may sue, which court to use and whether the eligible voters must first approve the legal proceedings. The chapter also describes the statutory grounds upon which an owner or tenant may sue the strata corporation, including grounds under the province’s Human Rights Code. In addition, the chapter describes the effect of a judgment against a strata corporation, including an owner’s personal liability to pay that judgment.
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Chapter 28 - Arbitration
This chapter explains when an owner, a tenant or the strata corporation may arbitrate a dispute. The chapter also explains whether the eligible voters must first approve an arbitration before a strata corporation launches it. The chapter describes the arbitration process, including the necessary Forms, The chapter also describes how to enforce or challenge an arbitrator’s decision.
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Chapter 29 - Owner Versus Strata Corporation
This chapter explains how an owner’s access to a strata corporation’s records or meetings may be restricted where that owner sues or arbitrates against a strata corporation.
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Chapter 30 - Appointment Of An Administrator
This chapter explains what an administrator is, the authority of an administrator and when the court will appoint one.
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Chapter 31 - Phases
This chapter explains what a phased strata development is. The chapter also describes a developer’s responsibilities in a phased strata development.
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Table of Cases
This Table of Cases contains a list of the decisions referenced in The Condominium Manual. Each case listed includes a hyperlink to the original decision, where available, on the free Canadian Legal Information Institute (CanLii) website. You will also find convenient automatic search buttons next to most cases that allow you to search both the free CanLii database and TCM Online with a single click.
