Running a Small Strata | Strata Council
Strata Council in a Small Building
The strata council is the group the owners elect at each annual general meeting to run the strata corporation between meetings, and in a strata with fewer than 4 lots or 4 owners every owner is on it. This page covers who sits on council at each size, elections and officers, how meetings work and who may attend, the duties and protection council members have, pay, removal, resigning, hearings, and what happens when there is no council at all.
The short answer
- 01The strata council is the group of owners elected at each annual general meeting (AGM) to run the strata corporation between meetings. It uses the corporation's powers and must enforce the bylaws (Strata Property Act s.25, s.26).
- 02Under the Standard Bylaws council has 3 to 7 members. If the strata has fewer than 4 lots or fewer than 4 owners, every owner is on council (Standard Bylaw 9).
- 03Council members are unpaid unless the pay is approved in advance: in the budget, in the bylaws, or by a 3/4 vote at a general meeting (s.34).
- 04Owners can remove a council member by majority vote at a general meeting, except where all owners are on council (Standard Bylaw 11).
- 05Owners may watch council meetings, except bylaw breach hearings and matters that would unreasonably interfere with someone's privacy (Standard Bylaw 17).
- 06Council has no power to waive a bylaw. Ask council in writing for a hearing, and it must meet to hear you within 4 weeks (s.34.1).
Who is on council at each size
These are the Standard Bylaws, which apply unless your strata filed different bylaws. The count of owners matters as much as the count of lots: a 4-lot strata where one person owns 2 lots has 3 owners, so all 3 are on council (Standard Bylaw 9(2)). Quorum is the number of council members who must be present for council to act.
| Strata | Who is on council | Council quorum | Tie vote |
|---|---|---|---|
| 2 lots, 2 owners | Both owners | 2 (both) | No tie-break. A 1 to 1 vote decides nothing. |
| 3 lots, 3 owners | All 3 owners | 2 | President may break a tie |
| 4 lots, 3 owners (one owns 2 lots) | All 3 owners, because there are fewer than 4 owners | 2 | President may break a tie |
| 4 lots, 4 owners | Elected: 3 to 7 members | 2 for a council of 3 or 4 | President may break a tie |
| 5 lots | Elected: 3 to 7 members | 2 for 3 or 4 members; 3 for 5 members | President may break a tie |
| 6 lots | Elected: 3 to 7 members | 2 for 3 or 4 members; 3 for 5 or 6 members | President may break a tie |
Sources: Standard Bylaws 9, 16 and 18. When every owner is on council, each strata lot has one vote at council meetings (s.29(4)), no council member can be removed (Standard Bylaw 11(1)), and a member accused of a bylaw breach can still take part in deciding it (s.136(2)). The rules by size page has the other rules that change at each size.
Election, terms and officers
The eligible voters present in person or by proxy at each AGM must elect a council (s.25). Any eligible voter can ask for the election to be held by secret ballot (Standard Bylaw 27(7)). A term ends at the end of the AGM where the next council is elected, and a member can be re-elected (Standard Bylaw 10).
Who can stand: owners, people representing a corporate owner, and tenants whose landlord gave them the right to stand (s.28(1)). A bylaw passed after the first AGM can add other groups. The Province's examples are spouses who are not on title and children of owners. A bylaw can also bar anyone whose lot the strata could put a lien on for unpaid fees or levies (s.28(3)). Only one owner of a lot can sit at a time, unless all the owners are on council (s.29(2)).
At its first meeting after each AGM, council elects a president, vice president, secretary and treasurer from its members. One person may hold more than one office, except president and vice president together. The vice president acts when the president is absent or cannot act (Standard Bylaw 13). The strata must keep a list of council members and a phone number or other quick way to reach each one (s.35; Regulation s.4.1(1)).
How council meetings work
| Rule | Standard Bylaws | Source |
|---|---|---|
| Who calls a meeting | Any council member, with at least one week's notice to the other members, giving the reason. The notice does not have to be in writing. | SB 14(1), (2) |
| Shorter notice | Allowed if all council members agree in advance, or in an emergency where members agree or cannot be reached after reasonable attempts. | SB 14(3) |
| Telling owners | Council must inform owners about a meeting as soon as feasible after it is called. | SB 14(4) |
| How often | Neither the Act nor the Standard Bylaws set a number of meetings a year. A strata's own bylaws can. | Act; Standard Bylaws |
| Online meetings | At council's option, if everyone taking part can communicate with each other. Members attending this way count as present in person. | SB 17(1), (2) |
| Quorum | 1 for a council of 1; 2 for 2 to 4 members; 3 for 5 or 6; 4 for 7. | SB 16 |
| Voting | Majority of the members present. The president may break a tie, unless the strata has only 2 lots. Every result goes in the minutes. | SB 18 |
| Observers | Owners may attend as observers. They must leave for bylaw breach hearings and for matters where council thinks their presence would unreasonably interfere with someone's privacy. | SB 17(3), (4) |
| Minutes | Owners must be told the minutes within 2 weeks of the meeting, approved or not. The strata keeps them at least 6 years. | SB 19; Regulation s.4.1 |
Duties and protection
Council must use the strata corporation's powers and carry out its duties, including enforcing the bylaws and rules (s.26). Owners can direct or limit council by a majority vote at a general meeting. They cannot use that vote to decide whether one person broke a bylaw, should be fined, or should be denied a recreation facility; those decisions stay with council (s.27).
Each member must act honestly and in good faith in the best interests of the strata, and with the care, diligence and skill of a reasonably prudent person (s.31). A member with an interest in a contract or a matter before council must disclose it, must not vote on it, and must leave the meeting while it is discussed and voted on (s.32). If they do not, the strata or an owner can apply to court, unless owners ratify the contract by a 3/4 vote after full disclosure (s.33).
In return, a council member who acts honestly and in good faith is not personally liable for anything done or left undone as a council member. They still pay their share, as an owner, of a judgment against the strata (Standard Bylaw 22).
Pay, spending and delegation
Council pay must be approved before it is paid, in one of three ways: in the budget, in the bylaws, or by a 3/4 vote at a general meeting (s.34). The Standard Bylaws provide none.
Council can hand some of its work to one member or to someone outside council, such as a contractor or a strata manager. A spending power can be handed over only by a resolution that names a specific amount for a specific purpose, or that sets a maximum amount and the purposes or conditions (Standard Bylaw 20). Nobody may spend the strata's money without that delegation, except that a council member may pay for a repair needed right away to keep people safe or prevent significant loss or damage (Standard Bylaw 21). Council cannot hand over decisions on whether someone broke a bylaw or should be fined.
A self-managed strata does this work itself. The self-managed strata page compares that with hiring a licensed manager.
Removing, resigning and having no council
Removing a council member
Owners can remove one or more council members by a majority vote at an AGM or special general meeting, and must elect a replacement at the same meeting for the rest of the term (Standard Bylaw 11). Owners holding at least 20% of the votes can demand a special general meeting in writing, signed by each of them, and the strata must hold it within 4 weeks (s.43). The Province says removal can be "with or without cause". Where all owners are on council, nobody can be removed.
Resigning from council
The Act and the Standard Bylaws set no resignation procedure. If a member resigns, or cannot act for 2 months or more, the remaining council can appoint a replacement for the rest of the term, even if the gap leaves council without a quorum (Standard Bylaw 12). A written resignation delivered by one of the methods in s.63 leaves a record.
When there is no council
If every member resigns or cannot act for 2 months or more, owners holding at least 25% of the votes can hold a special general meeting to elect a new council (Standard Bylaw 12(4)). The strata, an owner, a tenant or a mortgage lender can also ask the Supreme Court to appoint an administrator, and the strata pays the administrator (s.174). The Province says courts have appointed administrators for stratas "unable to elect a strata council".
Writing to council and asking for a hearing
An owner or tenant can ask in writing for a hearing at a council meeting, stating the reason. Council must hold a meeting to hear them within 4 weeks, and if the purpose is to get a decision, council must give it in writing within one week after the hearing (s.34.1). The Regulation defines a hearing as a chance to be heard in person at a council meeting (Regulation s.4.01).
Deliver your letter by handing it to a council member, mailing it to the strata's address on file at the Land Title Office, emailing an address the strata or a council member gave for notices, or putting it in the strata's mailbox. Mail, email and mailbox delivery count as given 4 days later (s.63). Keep a copy and note the date.
A hearing request is required before an owner can take most disputes to the Civil Resolution Tribunal (s.189.1). The disputes page covers the tribunal, and the deadlock page covers a 2-lot or 3-lot council that cannot agree.
Council and the bylaws
The Act gives council no power to waive a bylaw. Section 26 says council must exercise the strata's powers "including the enforcement of bylaws and rules". Before enforcing, the strata may give a warning or time to comply (s.129(2)). A bylaw changes only when owners pass a 3/4 vote and the change is filed at the Land Title Office (s.128). An owner who thinks a bylaw is being enforced unfairly, or not at all, can take that to the tribunal, which lists "unfair, arbitrary or non-enforcement of strata bylaws" among the claims it hears. The bylaws page has the details.
Best For
- ✓ Small stratas that set a regular meeting date in their own bylaws, since the Standard Bylaws set none.
- ✓ Councils that write each spending delegation down with a maximum amount and a purpose.
- ✓ Owners who put every request in writing and keep a copy, so the 4-week hearing clock is clear.
Usually Fails When
- ✕ One council member treats the strata's money as theirs to spend with no delegation in the minutes.
- ✕ Council "lets it go" on a bylaw for one owner and enforces it on another.
- ✕ A council member has a stake in a contract and still votes on it.
What To Verify Before Spending Money
- → Your strata's filed bylaws, which may change council size, terms or meeting rules from the Standard Bylaws.
- → Whether any council pay is in the budget, the bylaws or a 3/4 resolution.
- → The minutes of the first council meeting after the AGM, which should record the officers.
Common questions
What is a strata council? +
A strata council is the group elected by the owners at each AGM to use the strata corporation's powers and carry out its duties, including enforcing the bylaws and rules (Strata Property Act s.25, s.26). Owners can direct or limit council by a majority vote at a general meeting, except on decisions about whether a particular person broke a bylaw or should be fined (s.27).
Who can be on strata council? +
Owners, people representing a corporate owner, and tenants who were given the landlord's right to stand for council (s.28). A bylaw passed after the first AGM can add other groups; the Province's examples are spouses not on title and children of owners. A bylaw can also bar an owner whose lot the strata could put a lien on for unpaid money. Only one owner per lot can sit, unless all owners are on council (s.29).
Do strata council members get paid? +
Only if the pay is approved before it is paid: in the budget, in the bylaws, or by a 3/4 vote at an annual or special general meeting (s.34). The Standard Bylaws provide no pay, so a strata that has not approved pay in one of those three ways pays its council nothing.
How do you remove a strata council member? +
By a majority vote at an AGM or a special general meeting, and the owners must elect a replacement at the same meeting (Standard Bylaw 11). Owners holding 20% of the votes can demand a special general meeting in writing, and it must be held within 4 weeks (s.43). The Province says removal can be with or without cause. This does not apply where all owners are on council.
How do you resign from strata council? +
The Act and the Standard Bylaws set no resignation form. Give council a written resignation by one of the delivery methods in the Act, such as handing it to a council member or emailing an address a council member gave for notices, so there is a record (s.63). The remaining council can then appoint a replacement for the rest of the term (Standard Bylaw 12). Check your own bylaws first. In a strata with fewer than 4 lots or owners, the Standard Bylaws keep every owner on council.
How often should strata councils meet? +
Neither the Act nor the Standard Bylaws set how often. Any council member can call a meeting on one week's notice with the reason (Standard Bylaw 14), and council must meet within 4 weeks if an owner or tenant asks in writing for a hearing (s.34.1). A strata can set a schedule in its own bylaws.
Who can attend strata council meetings? +
Council members, and owners as observers (Standard Bylaw 17). Observers must leave for bylaw breach hearings and for matters where council believes their presence would unreasonably interfere with someone's privacy. The Standard Bylaw names owners only; a strata's own bylaws may set other rules.
What happens if there is no strata council? +
If all council members resign or cannot act for 2 months or more, owners holding 25% of the votes can hold a special general meeting to elect a new council (Standard Bylaw 12(4)). Any owner, tenant or mortgage lender can also ask the Supreme Court to appoint an administrator, paid by the strata (s.174). In a strata with fewer than 4 lots or owners, every owner is on council under the Standard Bylaws.
How do I write a letter to strata council? +
Put your request in writing, say what you want decided, and ask for a hearing at a council meeting with your reason (s.34.1). Council must meet to hear you within 4 weeks, and if you asked for a decision it must give it in writing within one week after the hearing. Deliver it to a council member, by mail to the strata's address on file at the Land Title Office, by email to an address the strata or a council member gave for notices, or in the strata's mailbox (s.63). Mail and email count as delivered 4 days later.
Can strata council waive a bylaw? +
No. The Act gives council no power to waive a bylaw; section 26 says council must exercise the strata's powers "including the enforcement of bylaws and rules". Before enforcing, the strata may give a warning or time to comply (s.129(2)). A bylaw changes only by a 3/4 owner vote filed at the Land Title Office (s.128).
Can I sue my strata council? +
You can bring a claim against the strata corporation to the Civil Resolution Tribunal (CRT) about an action or decision of the strata or its council, after first asking council for a hearing (s.189.1). A claim that a council member had a conflict of interest goes to the Supreme Court, because the CRT cannot hear it (s.33). A council member who acts honestly and in good faith is not personally liable under Standard Bylaw 22.
Is a strata council member personally liable? +
Not for anything done or left undone in good faith as a council member, if they acted honestly (Standard Bylaw 22). They still pay their share, as an owner, of any judgment against the strata. Each member must act honestly and in good faith in the strata's best interests and with the care of a reasonably prudent person (s.31).
How many people are on a strata council? +
Under the Standard Bylaws, at least 3 and at most 7 members. If the strata has fewer than 4 lots or fewer than 4 owners, all the owners are on council instead (Standard Bylaw 9). A strata's own filed bylaws can set a different number.
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