;

What's a non-conforming strata?

If you’ve heard the term “non-conforming strata” before, there’s something you should know: There’s no such thing, according to the Condominium Home Owners’ Association (CHOA).

Typically, this term is used to describe strata properties with less than five units.


However, a strata is legally defined as any property where a group of owners own their individual strata lots and together own the common property and common assets. There’s no special status for stratas under a certain unit threshold.

Many duplex, triplex, and four-plex owners try to manage their properties without formal meetings, bylaws, and strata fees. This makes their lots non-compliant with the Strata Property Act.

While technically legal, this arrangement can cause significant headaches.

Working outside the Strata Property Act

It’s in the best interest of the home owners to comply with the act – even if it’s a duplex or a triplex. Informal agreements can lead to messy legal situations.

Two Kelowna home owners learned this the hard way earlier this year. Since 2011, the neighbours shared maintenance costs as they came up. However, a surprise maintenance cost came up with no clear way to determine who was responsible for what costs.

The owners were also surprised to learn their duplex, like all duplexes in BC, were governed by the Strata Property Act.

This situation led to a three-year legal battle that ended in lost time, expensive court bills, and high-tension conflict. 

Complying with the Strata Property Act

CHOA has created an easy-to-understand guide to help strata corporations understand their responsibilities and day-to-day governance and operation.

Comments:
No comments

Post Your Comment:

The data relating to real estate on this website comes in part from the MLS® Reciprocity program of either the Real Estate Board of Greater Vancouver (REBGV), the Fraser Valley Real Estate Board (FVREB) or the Chilliwack and District Real Estate Board (CADREB). Real estate listings held by participating real estate firms are marked with the MLS® logo and detailed information about the listing includes the name of the listing agent. This representation is based in whole or part on data generated by either the REBGV, the FVREB or the CADREB which assumes no responsibility for its accuracy. The materials contained on this page may not be reproduced without the express written consent of either the REBGV, the FVREB or the CADREB.