Here are some of the more frequently asked questions that we receive from strata owners, strata managers, and strata councils. Please note that this information is for reference only, and does NOT substitute for legal advice from a lawyer. Please consult a lawyer before making any legal decisions regarding this information.
What types of resolutions require a unanimous vote by a strata corporation?
Some of the more common resolutions requiring a unanimous vote by a strata corporation would be removing or changing the designation of limited common property, and changing the unit entitlement of each strata lot from what is currently stated on the strata plan.
For a resolution requiring a unanimous vote of strata lot owners, if all the voters present at the meeting vote to pass the resolution, will this resolution pass?
No, for a resolution requiring a unanimous vote, ALL eligible owners in the strata corporation must be present either in person or by proxy at the meeting, and vote in favour of the resolution. If even one owner does not show up for the meeting, or votes against the resolution, the resolution will NOT pass.
If a 3/4 vote is required to pass a resolution, are 3/4 of all the strata lot owners required to pass the resolution, or only 3/4 of the strata lot voters present at the meeting?
Only 3/4 of the voters present at the meeting or either by proxy or by person are required to pass a 3/4 resolution.
Can our strata corporation borrow money from our contingency reserve fund to cover a cash shortfall in our operating fund?
Yes, but only if the loan is repaid by the end of the fiscal year AND the loan is for the purposes of covering temporary shortages in the operating fund resulting from expenses being due and payable before the contributions are available in the fund. A common example of this type of loan would be to pay an insurance premium.
Can the spouse of an owner who is not on the strata lot title stand for strata council?
No, unless a bylaw has been passed which allows the spouse of an owner to run for council.
Do rules have to be filed at the land titles office?
No, rules are adopted by strata council via majority vote, and do not have to be filed with land titles. These rules are generally included in the council meeting minutes.