Strata Council Meetings, Conducting Hearings & Bylaw Enforcement
The session will be a practical “hands on” process, designed to assist strata councils understand:
The conditions imposed for strata council function through the bylaws:
- How strata council convenes meetings
- How a strata council makes decisions
- How the decisions are recorded
- The duty to report decisions to the owners
- The importance of record keeping
- How to manage email decision making and reporting
- How council decisions may be challenged through the CRT
How to conduct hearings:
- When the strata corporation receives a request for a hearing?
- When the hearing must be held?
- How it is conducted as a strata council meeting?
- What happens during the meeting?
- Who is permitted to attend the hearing?
- What followup is required after the hearing?
- What happens to confidential information that may be obtained during the hearing process?
The session will include a practical council meeting to address the bylaw enforcement process, complaints and hearings related to:
- Notice requirements
- Imposing fines
- Collections $$$
- Rental Bylaws
- Hardship exemptions
- Pet complaints
- General hearing requested by an owner regarding access to financial information
Making a CRT application to enforce bylaws or collect fines:
Alterations & Managing Alteration Agreements
Understanding alterations to strata lots, common property and limited common property.
- Alteration requests by an owner
- Alterations conducted by the strata corporation
- Types of bylaws that regulate alterations to a strata lot, common property and limited common property
- How the strata council is permitted to negotiate alterations, set conditions on alterations, or enforce the bylaws when unauthorized alterations are conducted
- Additional bylaws, such as: flooring changes or installation, alteration to plumbing services, cooking facilities, ventilation, electrical services, building envelope alterations and building enclosures
- Procedures an owner must follow before altering or changing the structure of a strata lot or the use, appearance, or structure of a common property or a common asset
- Procedures a strata council must follow when they receive an application requesting permission to alter a strata lot, common property, or a common asset
- Procedures of enforcing a bylaw violation for an unauthorized alteration
- Risks and liabilities of permitting an alteration to a strata lot or common property
- Who is responsible for the costs associated with the alterations, including but not limited to: building permits, engineering or professional studies if required, environmental restoration, WorkSafe costs and penalties, waste disposal, legal agreements, inspections and code compliance?
- When is legal advice critical for alteration agreements?
- Who is responsible for future costs or obligations of the maintenance and repair of the approved alteration?
- The difference in agreements between a strata lot, common property or limited common property
- How to manage significant changes in use or appearance of common property or common assets
- How the strata corporation must maintain the alteration agreements and records for subsequent sales or transactions and what they must disclose to buyers
Governing the Annual General Meeting
This session will include running the AGM, approving the 2017 budget, election of strata council, approval of a new rental bylaw and a special levy to upgrade the building plumbing.
- Issuing voting cards vs ballots
- Certification of proxies
- Proof of notice
- Who chairs the meeting?
- Electing a chairperson
- Calling to order
- Necessity for ballot boxes and voting booths
Includes meeting rules of order:
- When is a motion required?
- Basic meeting procedures
- What rules of order apply?
- Who speaks to motions?
- How do you end debate?
- How are decisions made?
- Challenging the chair?
- Calling for a vote?
Voting calculations include:
- How are ballots issues?
- How are votes counted?
- Who counts the votes?
- How are the calculated?
- Secret ballots
- Polling the votes
- Polling ballots
- Destroying ballots or not?
Record keeping at meetings includes:
- Who is the registrar?
- Is there a voting list?
- Issuing voting cards
- Certification of proxies
- Registration sheet
- Who takes minutes?
- What is included?
- Who approves the minutes?
- Distribution of minutes
- Counting votes
- The complications of registering, recording and reporting ballots and secret ballots for electronic attendees