"Background"
In BC there are over 460,000 strata units with most of them being in urban areas. In the lower mainland and Victoria over 50% of taxable properties are strata units. It is estimated that over 600,000 British Columbians are owners of condos or strata units.
BC strata legislation last received a comprehensive review in 1998 when the current Strata Property Act was passed by the legislature. On November 5, 2003 the Minister of Finance recognized that there were many problems with the Strata Property Act and promised a review of it. Five years later this promise had not been kept. November 15, 2008 the bi-partisan Select Standing Committee on Finance and Government Services recommended that the government consider "an immediate review of the strata property legislation".
Instead of launching a comprehensive review of the strata property legislation the Minister of Finance introduced a few amendments in the form of Bill 12 on March 23, 2009. Although Bill 12 died on the order paper when the election was called the Minister stated that it would be reintroduced if the government were re-elected.
The BC Government claims to have considered and included the concerns of developers, strata managers, lawyers and some strata associations in its development of Bill 12. However, it is our belief that such input was negligible. Only people who agreed to sign a “confidentiality agreement” were permitted to discuss needed changes with government on the condition that they never mention it to anyone. This is not a joke. It actually happened!
Bill 12 was the product of a closed-door policy making process and it showed. Among other things, the Bill’s narrow focus ignored the glaring lack of accountability for misconduct by developers and strata property managers.
When Bill 12 died on the order paper the government talked about “going out” and getting feedback on Bill 12 from whoever was interested. However, this did not happen. On September 21, 2009 government reintroduced its proposed amendments as Bill 8, a Bill virtually unchanged from the previous Bill 12. Bill 8 was passed on October 6, 2009 after government MLAs defeated an opposition motion to “hoist” the Bill for 6 months to allow for public consultation.
Bill 8 will come into effect by regulations at some indefinite date in the future.
Regulations are needed to set effective dates for the various changes in the Bill as well as the specific requirements for depreciation reports, financial audits and dispute resolution mechanisms. Until those regulations are completed we will not know the timing or content of the changes enabled by Bill 8. There has been no announcement of any public consultation in the development of the required regulations.
However, strata owners can visit the "Owners Challenge” section of this website for suggested letters and email links to use in expressing their views about the public input needed to produce:
1. the regulations needed to enact Bill 8, and
2. a new and broader Bill based on the concerns of strata owners.
This website is founded and supported by a coalition of strata owners from across BC who want strata law that respects their rights as property owners and provides justice when their rights are abused. They are members of strata councils, boards of strata associations or strata owners without access to justice under BC strata law.
The website is a tool for concerned strata owners to inform themselves and make representations to government and the media for the purpose of getting better legislation that is long overdue.