There are two different types of meeting notice required under the Strata Property Act: “notice” and “notify”.
Dear Tony: Our Strata Board is being harassed by a landlord who insists that we must give notice of a board meeting to landlords, and this requires the seven day notice period plus the notice period required by law. If we were to do this on a monthly basis for council meetings, the cost of the notice to owners and the time required would not allow the council to hold meetings as required.
Is there a solution that we could consider that might make this easier? Could we just display a monthly calendar and add meetings if needed? Would an amendment to the regulations make it simpler?
Jenny W., Saanich
Dear Jenny: There are two different types of meeting notice required under the Strata Property Act: “notice” and “notify”.
For annual and extraordinary general meetings, the convocation is a formal requirement which requires that the agenda and the content of the resolutions be included as well as a specific period and method of convening. With the exception of resolutions which require an 80 percent vote for liquidation, the notice period for a general meeting is 14 days, plus four days notice required by law, and the addition of the delivery day and reception under the Interpretation Act. This requires that the notice of general meetings be 20 days.
Under the general regulations of the Act, members of the board may call a meeting of the board by giving notice to the other members of the board, specifying the purpose of the meeting.
Notice to board members in this form is seven days plus four day notice and two day delivery, for 13 days notice of board meetings. Council members can agree on an earlier period if they all agree or if an emergency arises.
The advice to owners to attend council meetings as observers is as follows: â€œThe council should notify owners of a council meeting as soon as possible after the meeting is called. The term “notice” is not specifically used in this context and there is no need to add a notice period or a delivery period.
This gives the stratum council flexibility and eliminates the costly need to issue a formal opinion at the expense of the company.
Many strata boards will post the date of the next meeting in their minutes posted on a website, or in the mailroom or clubhouse. There is no time requirement other than “as soon as possible”.
With over 32,000 strata of corporations across the province, there is also a potential for 32,000 variations in bylaws. Carefully review your bylaws to determine whether the term for notice of board meetings is “notice” or “inform,” as one requires a notice period and the other does not.
Tony Gioventu is Executive Director of the Condominium Home Owners Association of BC