Strata Corporation

condominium and strata

How is a strata corporation created?

A strata corporation is created once a strata plan is deposited at the land title office and the owners of strata lots become members. The strata corporation is a legal entity having the power and capacity of a natural person to enter into contracts and to join organizations. The strata corporation must have bylaws and is responsible for common expenses of the strata corporation.

When should your strata corporation notify you of fees?

Within two weeks of an annual general meeting or special general meeting where a budget is passed, your condo corporation must notify you of any changes to your fees.

What is the purpose of the strata corporation?

The main purpose of the strata corporation is to maintain the common property and common assets for the benefit of owners.

  • Common property – refers to the land and buildings where you live as well as those shared spaces such as the lobby, hallways, hallways, elevators, stairs, walkways, and parking. It also includes the spaces in the walls where electrical, plumbing and venting runs.
  • Common asset – refers to personal property (such as treadmills) which does not show in the strata plan.

Is the strata corporation responsible to repair common property and assets?

The strata corporation must repair common property and common assets. Importantly, the strata corporation may make an owner responsible to repair and maintain common property (and limited common property) that they have a right to use .

Can a strata corporation change common property or land without informing owners?

To make significant changes to common property, a common asset or land, the strata corporation must have the change approved by a resolution that is passed by a 3/4 vote at an annual general meeting or special general meeting.

What powers does strata corporation have over council?

The strata corporation has the power to prevent the council from doing something. To restrict council in this way, the owners need to pass a resolution by a majority vote at an annual general meeting or special general meeting.

When can the strata council not exercise power over council?

The strata corporation will defer to the council in the following circumstances:

  • deciding whether a person should be fined and the amount of the fine
  • deciding whether a person should be denied access to a recreation facility
  • deciding whether a person has violated a bylaw or rule;
  • deciding whether a person should be required to pay to remedy a contravention of the bylaws or rules;
  • deciding if an owner should be exempt from a bylaw that limits rentals
  • it would limit the ability of council to make decisions based on the facts before it; or 
  • actions of the strata corporation violate the law, regulations or bylaws.

Can a strata council cancel a strata management contract?

The strata council may cancel a contract to provide strata management contract by passing a resolution to discontinue services by a 3/4 vote at an annual general meeting or special general meeting. The strata corporation may cancel a contract after it expires, without first gaining approval. Importantly, the other party to a contract may cancel a strata management contract after giving 2 months notice.

What happens if you neglect to pay your condo fees?

Your strata corporation may have a bylaw that outlines the rate of interest that an owner must pay if they are late paying strata fees. The interest charged for the late payment is not a fine and forms part of your “certificate of payment.”

Can the strata corporation register a lien against your strata lot?

The strata corporation may register a lien against your strata lot due to the following: strata fees, special levy, reimburse the cost work done on your behalf; or due to money owing due to a fine or the costs of remedying a contravention. (The following costs of registering a lien may be added to the amount owing: legal costs, Land Title fees, court registry fees, and disbursements.) To file the lien, the strata corporation or condo will register a “Certificate of Lien” at the Land Title Office.

What is the priority (or authority) of a Certificate of Lien?

A certificate of lien ranks in priority to every other lien or registered charge against your strata lot, except the following:

  • a lien or charge in favour of the Crown
  • a builder’s lien so workers may be paid; and
  • your strata lot’s share of a judgment against the strata corporation.

How much notice must a strata corporation give before registering a lien against a strata lot?

Before registering a lien against an owner’s strata lot, the condo corporation must provide you with at least 2 weeks notice in writing. This notice must indicate that if payment is not received within at least 2 weeks, then a lien may be registered against the lot. Within 1 week of your paying the lien, the strata corporation must register an “Acknowledgement of Payment” at the Land Title Office.

Can the strata corporation force the sale of your strata lot?

After the strata corporation has registered a certificate of lien against your strata lot, the strata corporation may apply to the Supreme for an “order for the sale of the strata lot.” The court after reviewing all the evidence may make an order for the sale.

Can the strata corporation tell your bank or credit union that you are late on payments?

The strata corporation may inform your financial institution that you have missed payments if they had provided the strata with a “Mortgagee’s Request for Notification.” The strata must give your lender a copy of any notice that was provided to you. Your strata may, further, give the lender written notice that the owner has failed to pay any money owing to the strata for a period greater than 60 days.