Strata Advocate

MYTH: A strata property manager is required to comply with the requirements of the Strata Property Act.

FACT: Under the Strata Property Act the strata property manager is subject to the requirements of the contract between the strata corporation and the strata management company. If a strata property manager either fails to comply with the SPA or counsels the strata council to ignore the requirements of the SPA that strata manager is not even disciplined by the Real Estate Council of BC,the body that licenses strata managers.

MYTH: The "standard contract" presented by a strata management company to a strata council cannot be changed.

FACT: There is no "standard" strata management contract required of any strata corporation. Some unscrupulous strata managers have attempted to use this myth to con strata councils into accepting a contract that is one-sided in favour of the strata management company. A strata council is free to negotiate terms of a strata management contract before signing it.

MYTH: "A strata manager or strata council may lawfully deny an owner the right to view strata records under sections 35 & 36 of the Strata Property Act because of the Privacy Act."

FACT: Privacy Commissioner has stated that when it comes to section 35 & 36 of the Strata Property Act the Strata Property Act takes precedence over the Privacy Act.

MYTH: A strata owner is disqualified by council or strata manager from signing a petition because they owe fees to the strata corporation.

FACT:A owner can only be disqualified from voting at a AGM or SGM if the strata bylaws have written in the provision that a owner cannot vote if they owe maintenance fees.

MYTH: A strata owner has a statutory right to attend a strata council meeting.

FACT: Not so. Although section 17(3) of the Standard Bylaws provide that a strata owner can attend a strata council meeting as an observer this provision is not part of the statute. It can and has been removed in some stratas.

MYTH: Strata owners are protected by the Real Estate Council of BC from unethical or unprofessional conduct by a licensed strata manager.

FACT: The Real Estate Council of BC has not established a code of ethics and conduct for strata managers. As long as a strata manager files the required financial reports and does not steal from a strata corporation he remains in good standing with the RECBC.