Strata council meetings play a crucial role in the management and governance of strata corporations. These meetings provide a platform for council members to discuss and make decisions on various matters affecting the strata community. While owners have the right to attend these meetings, their participation is subject to certain limitations and guidelines. This article explores the rights and limitations of owners regarding attendance at strata council meetings, drawing insights from reputable sources such as FirstService Residential, Vancouver Island Strata Owners Association (VISOA), and Abode Strata.
Key Facts
- Observer Status: Owners have the right to attend council meetings as observers. As observers, they do not have the right to speak unless granted permission by the council.
- Bylaw Contraventions: Standard Bylaw 17 prohibits observers from attending portions of council meetings that deal with bylaw contraventions or any other matters if the presence of observers would unreasonably interfere with an individual’s privacy. This is to protect the privacy of individuals involved in such discussions.
- Tenant Participation: While the bylaws may not specifically mention tenants, both owners and tenants have the right to request a hearing under section 34.1 of the Strata Property Act. This allows them to speak to the council regarding their concerns or issues.
- Frequency of Meetings: There is no specific requirement in the legislation regarding the frequency of council meetings. It is up to the council members to decide how often they should meet. However, most councils meet monthly or quarterly.
Observer Status and Speaking Rights
Owners are generally permitted to attend council meetings as observers. This means they can be present at the meetings and listen to the discussions and deliberations of the council members. However, as observers, they do not have the right to speak or participate in the discussions unless granted permission by the council. This is to ensure that the meetings proceed in an orderly and efficient manner, with council members having the primary responsibility for decision-making.
Limitations on Attendance: Bylaw Contraventions and Privacy
Standard Bylaw 17, commonly found in strata corporations, restricts observers from attending portions of council meetings that deal with bylaw contraventions or any other matters where their presence may unreasonably interfere with an individual’s privacy. This provision aims to protect the privacy of individuals involved in such discussions, particularly when sensitive or personal information is being discussed.
Tenant Participation and the Right to be Heard
While the bylaws may not explicitly mention tenants, both owners and tenants have the right to request a hearing under section 34.1 of the Strata Property Act. This provision allows owners and tenants to address the council and present their concerns or issues. The council is required to hold a council meeting within four weeks of receiving such a request to provide a platform for the applicant to be heard.
Frequency of Meetings: Council’s Discretion
The frequency of council meetings is not dictated by specific legislation. It is left to the discretion of the council members to determine how often they should meet. However, most councils typically meet monthly or quarterly to address ongoing matters and make necessary decisions.
Conclusion
Owners’ attendance at strata council meetings is a fundamental aspect of strata governance. While owners have the right to attend these meetings as observers, their participation is subject to certain limitations and guidelines. These limitations are in place to ensure the orderly conduct of meetings, protect individual privacy, and maintain the council’s decision-making authority. By understanding these rights and limitations, owners can effectively engage with their strata council and contribute to the overall management and well-being of their strata community.
References
- FirstService Residential. (2023, October 20). Strata council meetings 101. https://www.fsresidential.com/british-columbia/news-events/articles/strata-council-meetings/
- Vancouver Island Strata Owners Association. (2014, September 30). Who can attend council meetings? https://www.visoa.bc.ca/?visoa_faqs=who-can-attend-council-meetings
- Abode Strata. (n.d.). Council Meetings – Commonly asked questions. https://abodestrata.helpjuice.com/en_AU/151387-council-of-the-strata-company/council-meetings-commonly-asked-questions
FAQs
Can owners attend strata council meetings?
Yes, owners have the right to attend strata council meetings as observers.
Do owners have the right to speak at council meetings?
As observers, owners do not have the right to speak unless granted permission by the council.
Are there any restrictions on owners’ attendance at council meetings?
Yes, Standard Bylaw 17 prohibits observers from attending portions of meetings dealing with bylaw contraventions or matters where their presence may interfere with individual privacy.
Can tenants attend strata council meetings?
While bylaws may not specifically mention tenants, both owners and tenants have the right to request a hearing under section 34.1 of the Strata Property Act to address the council.
How often are strata council meetings held?
The frequency of meetings is at the discretion of the council. However, most councils typically meet monthly or quarterly.
Can owners bring guests or legal representatives to council meetings?
Generally, owners cannot bring guests or legal representatives to council meetings unless permitted by the council.
What should owners do if they have concerns or issues they want to raise at a council meeting?
Owners can submit their concerns or issues to the council in writing or request a hearing under section 34.1 of the Strata Property Act.
How can owners stay informed about upcoming council meetings and agendas?
Owners should refer to the strata corporation’s website, notice boards, or email communications to stay informed about upcoming meetings and agendas.