When Owners Disagree in a 2 or 3 Unit Strata

With fewer than 4 lots, every owner is on council (Standard Bylaw 9(2)). Council decides by a majority of members present (18(1)). The president may break a tie "unless there are only 2 strata lots in the strata plan" (18(2)). At general meetings the president may also break a tie, and again that rule does not apply with only 2 strata lots (27(5), (6)). A tie-break at a general meeting works only if the bylaws provide for it (Act s.53(4)), and the Standard Bylaws do.

Section 52 lets a strata ask the Supreme Court to let a unanimous vote proceed as if a lone dissenter had no vote. It "applies only to strata corporations comprised of 10 or more strata lots" (s.52(1)). In a duplex to sixplex, a unanimous vote needs every owner.

Two other rules matter when every owner is on council. No council member can be removed by vote (Standard Bylaw 11(1)). A council member accused of breaking a bylaw can still take part in deciding it (Act s.136(2)).

An owner or tenant can ask in writing for a hearing at a council meeting, stating the reason. Council must meet to hear them within 4 weeks. If the purpose is a decision, council must give it in writing within one week after the hearing (s.34.1).

In a duplex the council is the two of you, so the hearing can feel like a formality. Do it anyway. It puts the request on the record, it starts a clock, and an owner must request a council hearing before going to the CRT, unless the tribunal waives that step (s.189.1). Deliver the request by a method the Act accepts, such as handing it to a council member or emailing an address the strata gave for notices (s.63).

The CRT hears strata claims "of any amount". It can deal with the Act, Regulation, bylaws and rules, common property, use of a lot, money owing, decisions of the strata or council toward an owner or tenant, and voting by someone holding 50% or more of the votes (Civil Resolution Tribunal Act s.121). It can order the strata, council or a 50% voter to stop a "significantly unfair" action (s.123(2)). In a duplex each owner holds 50%, so that last power reaches both.

Fees: $125 to file online or $150 by mail, and $100 for a final decision. Responding is free online or $25 by mail.

The CRT cannot hear claims under these sections of the Strata Property Act, which go to the Supreme Court: s.33 (council conflict of interest), s.52 (unanimous vote override), s.58 (court-appointed voter), s.117 (forced sale), s.160 (decision not to rebuild), s.173(2) (special levy short of 3/4), s.174 (administrator), s.246 (unit entitlement) and the winding-up sections (Civil Resolution Tribunal Act s.122). The tribunal's own page adds that it does not take claims about harassment, bullying or slander. The disputes page lists duplex cases the CRT has heard.

Court-appointed voter (s.58). If there is no person to vote for a lot, an owner, the strata or an interested person can ask the Supreme Court to appoint the Public Guardian and Trustee or another person to vote. For an 80% or unanimous vote, the court must make the order once it is satisfied no one can vote. It helps only when a lot has nobody who can vote.

Unfair acts (s.164). An owner or tenant can ask the Supreme Court to prevent or fix a "significantly unfair" action or decision of the strata or council, or use of voting rights by someone holding 50% or more of the votes. The court can direct or forbid an act, change a resolution, and regulate how the strata runs in future.

Orders to perform a duty (s.165 and s.173(1)). An owner can ask the court to order the strata to do what the Act or bylaws require, such as a repair. The strata can ask the court to order an owner to do their part, or to stop breaking the bylaws.

Safety levies short of 3/4 (s.173(2) to (4)). If a special levy to repair common property, needed to keep people safe or prevent significant loss or damage, gets more than 1/2 but less than 3/4 of the votes cast, the strata can ask the court to approve it within 90 days of the vote. In a 3-lot strata, a 2 to 1 vote is 67% and fits this range. In a 2-lot strata the result is 0, 1/2 or all, so it never fits (our arithmetic). The strata needs no separate vote to make this application (s.173(2.1)).

Administrator (s.174). The strata, an owner, a tenant, a lender or anyone else with an interest in a lot can ask the court to appoint an administrator to run some or all of the strata, if that is in the strata's best interests. The court sets the term and pay, and the strata pays. Unless the court orders otherwise, the administrator still needs the owner vote the Act requires before using a power that needs one (s.174(7)).

Lawyer fees for a court case are quoted per case, and we found no published figure.

An owner or tenant can refer a dispute with the strata, or with another owner or tenant, to arbitration. The strata can refer a dispute with an owner or tenant. The dispute must concern the Act, Regulation, bylaws or rules, common property or common assets, use of a lot, money owing, an action or decision of the strata or council, or voting by someone with 50% or more of the votes (s.177). Once a court case on the same dispute has started, it can no longer go to arbitration (s.178(1)).

We found no official figure for an arbitrator's fee.

A general meeting cannot do business without quorum (s.48(1)). If quorum is not present within 1/2 hour, the meeting stands adjourned to the same day and time the next week. If quorum is still missing within 1/2 hour at that meeting, "the eligible voters present in person or by proxy constitute a quorum" (s.48(3)), unless your bylaws say otherwise. The Standard Bylaws do not change this.

So in a 2-lot strata, an owner who stays away from the meeting and from the adjourned meeting a week later does not stop a majority or 3/4 vote, because those votes count only the votes cast. In a 3-lot strata, two owners present already make quorum. Absence does block 80% and unanimous votes, which count all eligible voters.

In a 3-lot strata there is a check. If a 3/4 resolution passes with the support of owners holding less than 50% of the votes, owners holding at least 25% can demand, within one week, a special meeting to reconsider it. That meeting must be held within 4 weeks, and the strata cannot act on the resolution in the meantime unless safety requires it (s.51).

A 3-lot strata has more tools than a duplex. All 3 owners sit on council, and council quorum is 2 (Standard Bylaws 9(2), 16). The president can break a council tie and a general meeting tie. A majority vote needs 2 of 3. The 3/4 votes still need all three owners when all three vote.

The other duties are the same as in any strata: an AGM within 2 months of the fiscal year end (s.40), or a written waiver signed by all 3 owners with written consent to the budget and council (s.41); a budget passed by majority vote (s.103); a reserve fund contribution of at least 10% of the operating budget (Regulation s.6.1); and full replacement value insurance with $2,000,000 of liability cover (s.149; Regulation s.9.2). The strata council page covers council duties.

If the owners agree that the strata should end, an 80% vote of all eligible voters can cancel the strata plan and turn each owner's lot into a share of the whole property as tenants in common (s.272). In a 2-lot or 3-lot strata that means every owner (our arithmetic). With fewer than 5 lots no court order is needed if every registered lender consents in writing and the strata files a Certificate of Strata Corporation (s.274(c)).

Without that vote, an owner or a lender can ask the Supreme Court to order the strata wound up by a liquidator (s.284). The court must consider the best interests of the owners, and the chance and extent of significant unfairness to owners, lenders or other creditors, or of significant confusion in the strata's affairs, whether it makes the order or not (s.284(3)). The CRT cannot hear winding-up claims. The winding up page covers the steps.