Strata and Rental Management

08/15/2024

Majority Vote: Why Is It Important?

In the fast-paced world of strata management, it’s easy to overlook the crucial step of recording votes on matters being approved. However, ensuring that a majority vote is reached is vital for the integrity and transparency of decision-making. Here’s why it matters:

Importance of Majority Vote:
- Decision Legitimacy: A majority vote ensures that decisions are made with the consensus of the council, reflecting the collective opinion rather than individual interests.

- Accountability: Recording votes provides a clear trail of decision-making, holding the council accountable and ensuring that the process is transparent to all members.

- Efficiency: Moving forward with actions only when a majority vote is reached prevents potential conflicts and misunderstandings down the line.

Best Practices for Voting:
- Collecting Votes: Unless a council member is authorized to collect votes, the strata manager should be advised to ensure all procedures are followed correctly.

- Ratification of Decisions: Any matters approved between meetings must be ratified at the following council meeting to maintain formal records and uphold transparency.

By adhering to these practices, strata councils and managers can maintain a fair and organized decision-making process. This not only enhances the effectiveness of the strata council but also builds trust within the community.

Have you experienced challenges with majority votes?

Share your thoughts in the comments!

08/14/2024

Form K and Why it is important.

Key point about a Form K:

- Section 146 Compliance: According to Section 146 of the Strata Property Act of British Columbia, if an owner within a strata corporation wishes to rent out their unit, they must provide the strata corporation with the completed Notice of Tenant's Responsibilities (Form K) within two weeks of renting.

- Owner's Responsibility: It is the owner's responsibility to submit a new Form K whenever there is a change in tenancy.

- Non-Resident Owners: If you are a non-resident owner and not renting out your unit, please complete the Form K regardless. In the "Tenant's Name" section, indicate the reason for not renting. This helps ensure our records are accurate and prevents you from receiving unnecessary reminder letters or fines.

Consequences of Non-Compliance:
- Fines: Failure to submit a completed Form K when required could result in fines if applicable under the strata corporation's bylaws.

Tenant's Awareness:
- Provide Bylaws and Rules: It is a requirement of the Act to provide your tenant with the bylaws governing your strata corporation, along with other rules, to ensure they are aware of their rights and obligations.

By following these guidelines, you can help ensure compliance with the Strata Property Act and contribute to the smooth operation of our strata community.

If you have any questions or need assistance with Form K, please contact our office.

08/13/2024

Can a strata manager draft a violation letter without council approval or authorization?

The answer is no. The process of sending out a violation letter requires council review and a majority vote, and it must be recorded to show it was discussed either electronically or at the next council meeting. Here are the steps to follow before issuing a violation letter:

Steps for Issuing a Violation Letter:
1. Receive a Written Complaint: Ensure that the complaint is documented in writing.

2. Save and Date the Complaint: Keep a record of the complaint and date it for future reference.

3. Council Review: Send the complaint to all council members for review and decision-making.

4. Draft the Violation Letter: Only draft the letter after receiving the required majority vote from the council.

5. Document in Minutes: Add the decision and discussion to the meeting minutes to ensure proper documentation.

Importance of Following Procedure:
- Proper Record Keeping: If the unit challenges the violation letter, you’ll have a clear record of the steps taken.
- CRT Proceedings: In case the issue ends up in the Civil Resolution Tribunal (CRT), you can demonstrate the procedures followed.

Additional Notes:
- No Authority to Approve Fines: Strata managers cannot approve fines or vote on these matters. The decision-making authority lies with the council.

Following these steps ensures transparency and accountability in managing strata violations. Have you dealt with violation letters before?

Share your experiences or questions in the comments!

08/12/2024

The Importance of Reviewing Contracts Before Signing

Why is it so important to review contracts before signing them? Many contracts include clauses like automatic renewals, automatic increases at a set percentage, termination clauses with specific timeframes, and payments due if terminated. It is crucial for the council and the strata manager to carefully examine the terms, cost increases, termination wording, and contract length.

Key Considerations for Contract Review:
1. No Automatic Renewals: Avoid automatic renewals in any contract to maintain flexibility and control.

2. Annual Increases: Ensure that all annual increases are negotiated or set to be approved by the council before taking effect.

3. Termination Terms: Include a termination clause with a 30-day notice period, both with and without cause, to allow for adjustments when necessary.

4. Contract Duration: For most contracts, opt for a one-year term followed by a month-to-month agreement unless it’s a specific contract like for elevators or longer-term agreements.

Building Effective Contracts:
- Customize Terms: Strata councils can create their own terms and work with contractors to reach a mutually agreeable middle ground.

- Maintain Relationships: Building and maintaining strong relationships with your contractors is advisable. Sometimes, sticking with a known contractor is more beneficial than switching to someone new.

By taking these steps, you can protect the strata’s interests and ensure that contracts serve the community effectively. Have you encountered any challenges with contract terms?

Share your thoughts and experiences in the comments!

08/09/2024

Who Pays for Legal Fees in Strata Collections?

Have you ever wondered who is responsible for legal fees if the strata decides to send a unit to collections due to non-payment of strata fees or a levy? The answer is that the legal fees are paid by the unit, not the strata. Here’s a breakdown of how this process works and tips for managing arrears effectively.

Key Points:
- Legal Fees: When a unit is sent to collections, the legal fees are charged to the unit owner as part of the collection process.

- Effective Arrears Management: Creating a system for handling arrears is essential, as the process can take a long time. Seeking assistance from a strata lawyer is a good step when you encounter a roadblock.

Working with a Lawyer:
- What the Lawyer Needs: Provide the lawyer with the unit ledger and details of the demand letter sent to collect the fees. The lawyer will handle the rest of the process.

- Payment Process: Legal fees are included in the settlement, and the lawyer will issue a cheque to the strata for the outstanding arrears.

Communication Guidelines:
- Communication with the Unit: Once the case has started, direct communication with the unit owner is not recommended. The unit must deal directly with the lawyers to avoid any complications.

Recommended Law Firms:
- [Hamilton and Company](https://hamiltonco.ca/): Experts in strata collections and legal support.
- [Refresh Law](https://refreshlaw.ca/): Providing comprehensive legal services for strata management.

Managing arrears can be challenging, but with the right approach and legal support, you can navigate the process smoothly. Have you had any experiences with strata collections?

Share your insights in the comments!

08/08/2024

Discover CHOA: Your Go-To Resource for Strata Matters

The Condominium Home Owners Association of BC (CHOA) is an invaluable resource for anyone involved in strata management or ownership. If you're dealing with complex issues or want to stay informed about the latest developments in the Strata Property Act, CHOA is the place to go.

Why CHOA is Essential:
- Expert Guidance: Find answers to complicated matters related to strata management.
- Stay Updated: Keep up-to-date with recent cases and decisions that impact strata communities.
- Valuable Resources: Access a wealth of information tailored to help strata owners and managers navigate challenges effectively.

Recommended Reading:
I highly recommend checking out their bulletin board, which features a wide range of topics and resources. It's an excellent way to deepen your understanding and find practical solutions to everyday issues.

👉 [Explore CHOA's Information Bulletins](https://choa.bc.ca/resources/choa-information-bulletins/)

Whether you're a strata manager, council member, or owner, CHOA offers the tools and insights needed to manage your responsibilities with confidence. Have you used CHOA's resources before?

Share your experiences and tips in the comments!

Give us a call if you need help with ant strata related issue.

08/07/2024

What are Directives and How Do You Handle Them?

Directives are tasks or actions assigned to the strata manager during a council meeting. They are common in strata management and require timely and efficient completion. It's crucial to have a system in place to manage these directives effectively. Here are some questions and tips to help you stay on top of them:

Key Questions to Ask:
1. Do you have a system for handling directives?
2. What is the expected timeframe for completing directives given by the strata council?

Tips for Managing Directives:
- Record Immediately: Write down directives as soon as they are given, or track them in an Excel sheet with the assigned date.

- Act Promptly: Aim to complete directives within the same week of the meeting to ensure you remember all the details.

- Communicate Timeframes: Inform the strata council of the timeframe you expect to complete each directive.

- Set Follow-Up Dates: Schedule a follow-up date as a reminder to ensure nothing slips through the cracks.

- Involve Your Admin: Keep your admin informed about any outstanding directives and follow-up actions.

- Coordinate with Your Bookkeeper: Discuss any financial adjustments required with your bookkeeper.

- Stay Organized: Create folders for quotes, agenda items, and general correspondence to keep everything in order.

Don't Hesitate to Seek Help:
If you're struggling with a directive or need quotes, remember that your Managing Broker and other senior strata managers are there to assist you. Don't be afraid to reach out for help when needed.

Staying organized and proactive in managing directives will ensure smooth operations and a more efficient workflow. How do you handle directives? Share your strategies in the comments!

Contact us today if you need help!

08/06/2024

Rental New Notice Requirements: Important Update for BC Tenants and Landlords

Effective July 18, 2024, the Province of British Columbia is implementing important changes to eviction notice periods to better protect tenants. Here’s what you need to know:

Key Changes:
- Extended Notice Period: Landlords must now provide tenants with four months’ notice instead of two months when evicting for personal or caretaker use. This change gives displaced tenants more time to secure new housing.

- Dispute Period Extension: Tenants will have 30 days to dispute a Notice to End Tenancy, doubling the current 15-day period. This allows tenants more time to respond and take necessary actions.

- Occupancy Requirement: The person moving into the home must occupy it for a minimum of 12 months, ensuring that evictions are made in good faith.

- Penalties for Bad Faith Evictions: Landlords who evict tenants in bad faith may be ordered to pay the displaced tenant up to 12 months’ rent as compensation.

These changes aim to enhance tenant rights and provide greater security and time for tenants facing eviction. For more details and guidance on these changes, consult the official provincial resources or speak with a housing advisor.

Feel free to share your thoughts and experiences in the comments! How do you think these changes will impact the rental market?

07/17/2024

What happens if no one wants to serve on the strata council?

There are times when a strata corporation cannot elect the minimum number of council members stated in the bylaws. The strata corporation cannot legally function without a council to make decisions and carry them out, pay the bills, maintain the common property, enforce the bylaws, or even give directions to a property manager.

A special general meeting can be held to hold another election or elect the number of additional council members to form a council. Under section 43 of the Strata Property Act, persons holding at least 20% of the strata corporation’s votes may, by written demand (often called a petition), require that the strata corporation hold a special general meeting to consider a resolution or other matter specified in the demand, in this case an election.

If further elections are unsuccessful or there are other reasons why the strata corporation cannot manage its affairs, there is a process for the Supreme Court to appoint an administrator. Section 174 of the Strata Property Act says “The strata corporation, or an owner, tenant, mortgagee or other person having an interest in a strata lot, may apply to the Supreme Court for the appointment of an administrator to exercise the powers and perform the duties of the strata corporation.”

This can be a lengthy and expensive undertaking and the request might not be approved by the court.

The court may appoint an administrator if, in the court’s opinion, the appointment of an administrator is in the best interests of the strata corporation. It may appoint the administrator for an indefinite or set period; order that the administrator exercise or perform some or all of the powers and duties of the strata corporation; and relieve the strata corporation of some or all of its powers and duties.

The remuneration and expenses of the administrator must be paid by the strata corporation. The court appoints the administrator and sets their remuneration. The owners cannot seek quotes and choose the administrator.

07/16/2024

Owner Developer Contribution to CRF

The minimum amount that the owner developer must contribute to the CRF will be the lesser of: 10% of the estimated operating expenses as set out in the interim budget, multiplied by the number of years since the strata plan was deposited, or. 50% of the estimated operating expenses, as set out in the interim budget.

07/12/2024

Exciting News

Hello everyone,

We are thrilled to announce that we are expanding our services.

To celebrate, we have a special Summer offer. As a new client, here's what you can look forward to:

- Dedicated Senior Strata Manager: Access to a senior strata manager in your area for expert guidance and support.
- Experienced Administrator: Benefit from over 30 years of invaluable experience ensuring smooth strata operations.
- User-Friendly Online Portal: Manage your strata effortlessly through our online portal for just $49.00 a month, with the first 6 months waived as a welcome gift.
- Efficient Accounting Team: Financials ready by the 20th of the following month and invoices paid weekly on Wednesdays.
- 24-Hour Emergency Line: Around-the-clock emergency assistance for owners.
- Expense Reduction & Maintenance Scheduling: We'll help reduce expenses and create an annual maintenance schedule.
- Direct Access to Senior Strata Manager: Work directly with a Senior Strata Manager, without any middlemen.
- Matching Current Management Fees: We'll match your current management fees, and in some cases, offer new clients a discount!
- Termination Assistance: Support throughout the termination process if needed.

We have so much more to offer and are excited to take this step with you. Give me a call today at (236) 451-0711. It costs nothing to reach out, and we'd love to discuss how we can best serve your strata's needs.

Don't miss out on this fantastic opportunity!

Thank you for visiting my page and I am a local Senior Strata Manager. Give me a call 🤝

07/11/2024

15-2-5-10 Warranty explained

15 Month. Defects in materials and labour associated with the common property of strata corporations.

2 Years. Defect in materials and labour or delivery and distribution systems (electrical, plumbing, heating ventilation, air conditioning etc.)

5 Years. Building envelope and water pe*******on

10 Years. Structural defects

Obtaining a warranty review is often recommended prior to the expiry of each warranty coverage period. A warranty review is a written document prepared by a professional (preferably a engineering professional with a background in building sciences) that documents the integrity of common properties within the period of coverage and identifies any defects that may be covered under the warranty insurance.