Strata Regulations Updated Permitting User Fees for Common Property Use

The Strata Property Regulation was amended, effective as of March 7, 2018, to permit strata corporation's to charge user fees for common property use.

The chargeback must be reasonable, depending on:
  1. the rate of consumption;
  2. recovery of operating costs by the strata corporation;
  3. the number of users; and
  4. the duration of use. 
This amendment is particularly helpful for strata corporations who have installed electric vehicle charging stations on their common property. 

More information about the new regulation can be found here

It is important to note, that the chargeback of user fees must be set out in a bylaw or rule. Strata corporations that want to start charging user fees should have their bylaws reviewed and amended by a lawyer. 

Drafting bylaws can have serious implications for strata corporations and strata corporations should rely on qualified individuals to provide the necessary advice and drafting expertise. I offer bylaw review and drafting services. If you would like to receive a free quote for a bylaw review, please contact me at t.fitzpatrick@sabeyrule.ca or 250-762-6111 and I would be happy to review your bylaws and advise the cost to redraft them and whether they should be redrafted.





TAEYA FITZPATRICK

Taeya Fitzpatrick has specialized in strata law for most of her practice, has won cases for her clients in the BC Supreme Court, the BC Court of Appeal, and assisted with a client succeeding in defending a Civil Resolution Tribunal claim. Taeya offers full services to a strata corporation or a strata owner from redrafting the strata’s bylaws, collection of outstanding strata fees or other charges, issues with bylaw enforcement, to amending the strata plan. For more information on the services provided, you can reach Taeya by email, phone: 250-762-6111, or at her Web Page

Comments

  1. Hi Taeya,

    For existing strata corporations, what voting threshold must be surpassed to enact this change in a bylaw?

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    Replies
    1. For a fully established strata corporation that is 100% residential, the threshold is a 3/4 vote at an annual or special general meeting. If the strata is a brand new strata, phased strata that isn't complete, has residential and commercial units, or other special circumstances, the voting threshold can be different. Sections 126-128 of the Strata Property Act set out the bylaw amendment requirements. A helpful outline of the procedure can be found at the BC Strata Housing website: https://www2.gov.bc.ca/gov/content/housing-tenancy/strata-housing/operating-a-strata/bylaws-and-rules/amending-bylaws-and-rules

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