Council Change to Common Property

Purpose:

This policy outlines the procedures to be followed when the Strata Council proposes to make a change or alteration to common property, including limited common property and common assets, as defined in the Strata Property Act of British Columbia and the Strata's bylaws.

Definitions:

  • Alteration: Any change to the appearance, use, or functionality of common property, including additions, renovations, repairs, or removals.

  • Common Property: All real property designated as common property in the Strata Plan, including the land, buildings, and amenities owned collectively by the Strata Corporation.

  • Limited Common Property: Portions of common property designated for the exclusive use of one or more Strata lots.

  • Common Assets: All personal property owned collectively by the Strata Corporation, including furniture, fixtures, and equipment.

  • Significant Change: An alteration that materially affects the use, appearance, or value of common property, as determined by the Strata Council in consultation with legal counsel.

Policy:

  1. Proposal: Any proposed alteration to common property must be initiated by a written proposal submitted to the Strata Council by a Council member, owner, or property manager. The proposal shall include:

    • A detailed description of the alteration

    • The reasons for the alteration

    • The estimated cost of the alteration

    • The expected impact on Strata fees

    • A timeline for completion

    • Any relevant drawings, plans, or specifications

    • A statement of whether the alteration constitutes a significant change

  2. Initial Review: The Strata Council shall review the proposal and determine whether it is within the scope of its authority and consistent with the Strata's bylaws. If the Council determines that the proposal is not feasible or appropriate, it shall provide a written explanation to the proposer.

  3. Consultation (Significant Changes): If the proposed alteration constitutes a significant change, the Strata Council shall consult with legal counsel to determine whether it requires the approval of the owners at a general meeting.

  4. Owner Approval (If Required): If owner approval is required, the Strata Council shall prepare a disclosure statement outlining the details of the proposed alteration, including the estimated cost and impact on Strata fees. The disclosure statement shall be distributed to all owners along with a notice of a special general meeting to consider the proposal. The alteration shall not proceed unless it is approved by the required majority of owners at the meeting.

  5. Due Diligence: Before proceeding with any alteration, the Strata Council shall obtain all necessary permits, approvals, and licenses from the relevant authorities. The Council shall also obtain competitive bids from qualified contractors and ensure that the work is adequately insured.

  6. Communication: The Strata Council shall communicate the details of the approved alteration to all owners, including the timeline, expected disruptions, and any necessary precautions.

  7. Oversight: The Strata Council shall oversee the progress of the alteration and ensure that it is completed on time and within budget. The Council shall also ensure that the work is performed to a high standard and in compliance with all applicable laws and regulations.

  8. Post-Completion Review: Upon completion of the alteration, the Strata Council shall conduct a review to assess the outcome and identify any lessons learned for future projects.

Amendment:

This policy may be amended by a majority vote of the Strata Council.

Disclaimer:

This policy is intended as a general guideline and should not be construed as legal advice. Strata Corporations are advised to consult with legal counsel to ensure that their policies comply with the Strata Property Act and their bylaws.