Strata Council

Strata council meeting room.

What is the council?

Council exercises the power and duties of the strata corporation and has the power to enforce bylaws and rules. Council is elected at each annual general meeting.

Who can be a member of council?

The following persons may be members of council: owners, tenants who were assigned a landlord’s right to be on council, and a person representing corporate owners. Membership on council is determined by the bylaw.

What is the legal expectation of a council member?

The council member should act honestly and in good faith for the best interest of the strata council and exercise the care, diligence and skill of a prudent person.

How should a council member deal with a conflict of interest?

If you, a council member, experiences a conflict of interest, which is related to a contract or transaction or a topic of discussion, you should take the following steps:

  • fully disclose the nature and extent of your interest;
  • remove yourself from voting on it; 
  • leave the council meeting while it is being discussed. But, you may participate in the meeting if you have been asked to provide information; and
  • leave the council meeting while the issue is being voted upon.

You should only participate in the council meeting if you have been asked to provide info.

What happens if a council member fails to disclose a conflict of interest?

If a council member fails to disclose a conflict of interest, the strata council or an owner of a strata lot may apply for an order through the court. This remedy is not needed, however, if the council member discloses the nature and extent of her interest and the contract passes by a 3/4 vote at an annual general meeting or special general meeting. Importantly, the council member who has a conflict may not participate in this vote.

What happens if the court finds that the contract was unfair?

If the court finds that the contract was unreasonable or unfair to the strata corporation, the court may:

  • require the council member to compensate the strata corporation (or another person) for losses incurred, if the council member has not acted honestly and in good faith;
  • require the council member to pay any profit that was received from the transaction to the strata corporation; or
  • dispense with the contract if a third party will not endure an injustice;

What if your strata lot is owned by more than one person?

If your strata lot is owned by more than one person, only one owner may be on council. (This rule applies unless all owners are on council. Where all owners are on council, each strata lot has one vote at council meetings.)

Can the strata corporation prevent you from being on council?

The strata corporation, using a bylaw, may provide that you may not be on council if the strata corporation has a right to register a lien against your strata lot.