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Strata Council

 

New owners of condominiums frequently ask, "What is strata?"  It's not just a condominium you're getting -- you're buying into a community.

Historically, the law allowed landowners to subdivide their land into two or more separate pieces. The owner of any piece of land also owned the buildings on it.

What if the owner of a building wanted to subdivide a building into several parts with separate owners? Although owners could subdivide land, the law did not easily permit them to subdivide their buildings into separately owned parts.

The strata concept is the solution. A strata development is a special way of subdividing land and buildings for separate ownership with common features and shared expenses.

A strata development consists of strata lots, common property and common assets. The part of the property that an individual separately owns is called the "strata lot." Informally, we often call this part the "strata unit" or a "condominium".

When a Strata Council applies a bylaw to a specific individual, it is important for the Council Members to not only consider the provisions of the bylaw, but also how the bylaw will affect the individual involved. It is also important for Strata Council members to consider how the management of the common property is affecting those with disabilities in the complex.

Strata council bylaws and regulations need to be enforced for both the protection and upkeep of the strata community. Proper notification in the enforcement of strata rules and bylaws must be given before a fine can be levied and collected.

The B.C. Strata Property Act basically provides for the basis for an entire layer of governance -- a mini municipality steered by democratic rule in which the good of the majority is a guiding principle. Like other levels of government, a strata council has the right to create bylaws and rules, the right to impose fines on offenders and to collect fees and special levies to carry out the work it is required to do in maintaining the property and its buildings

Strata councils are elected to make decisions and lay down the bylaws for the residents of a condominium development, as well as rules for common areas. The council sets budgets and settles disputes. Councils are governed by the Strata Act, but in spite of—or perhaps because of—all that regulation, horror stories are legion. A little bit of power can bring out the inner Napoleon in some people.

The troubles flow both ways. Good strata councils must also deal with bad owners. Renting adds another level of complexity, with both sides unsure of their obligations.

We often only hear the dark tales of strata living but there are thousands of communities that thrive in stratas and would choose no other lifestyle. Simple and straightforward awareness, strategies and concepts make strata living work well.

Respect: Everyone needs to be mindful of the right of residents to live quiet and peaceful lives.

Bylaws and rules: Knowledge of the your strata's bylaws will likely prevent you from painting the door red before it's too late. It's easier to comply if you know what the bylaws are.

Participation: Don't leave all the work to the same four council members every year.

Voting: Show up at your general meetings and vote. If you don't vote, you can't complain.

Communication: Tell the owners what they need to know before it happens. The fact that there will be no hot water at 8 a.m. tomorrow, is best found out before it happens.

Security: Stratas that take security and safety seriously protect both people and their investments. Fix the gates before the 10 cars are stolen.

Contracts: Most business relations are contractual in stratas. Write the contracts to suit your needs and enforce the terms and conditions.

Education: Seminars and workshops on strata life are conducted around the province monthly and more than 300 info bulletins and resources are currently available.

Know your limits: Seek the advice of a professional before it's too late.

Planning: the key to protecting your investments is routine maintenance and long-term renewals and financial planning. Don't wait for the tank to leak before it's replaced.

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