Strata AGMs and Council: How Decisions Get Made in Your Building

In a strata, the owners make the big decisions at general meetings, and an elected council runs the building in between. Here is how BC's Strata Property Act sets the notice, quorum and votes for those meetings, what council can do, and how to get an issue on the agenda.

The short version

Who decides what

Owners decide some matters by voting at general meetings, such as the budget, bylaw changes and special levies. The council they elect exercises the strata's powers and duties, from collecting fees and insuring the buildings to keeping records and enforcing the bylaws. It can hire a strata manager but stays responsible.

A majority vote at a general meeting can direct or restrict council, unless that conflicts with the Act, the regulations or the bylaws, or interferes with council's bylaw enforcement decisions.

The annual general meeting

An AGM must be held every year, no later than two months after the end of the strata's fiscal year. In a new building, the owner developer must arrange the first one within six weeks of the earlier of the day 50% plus one of the strata lots have been conveyed and nine months after the first conveyance.

Under the Standard Bylaws, the council president chairs, and the business includes the last meeting's minutes, council's report, an insurance report, the coming year's budget, new business and the council election. I explain how the budget sets your fee in Strata Fees in BC.

A strata can skip its AGM only if all eligible voters agree in writing and pass written resolutions approving the budget, electing a council and dealing with any other business.

Notice and what it must include

The strata must give at least two weeks' written notice of an annual or special general meeting, or four weeks for a resolution to wind up the strata, to every owner, to mortgagees that filed a Form C and to qualifying tenants. It must include:

• the date, time and place, and how to join by phone or online if that is offered;
• a description of the matters to be voted on, with the exact wording of any resolution that needs a 3/4, 80% or unanimous vote;
• for an AGM, the proposed budget and the financial statements.

Notice not given in person is treated as received four days later. At the meeting, a 3/4 resolution can be amended only if the change isn't substantial and a 3/4 vote approves it first.

Quorum, proxies and electronic meetings

• Quorum. Unless the bylaws say otherwise, eligible voters holding 1/3 of the strata's votes, present in person, electronically or by proxy, or 2/3 if there are fewer than four strata lots or owners. With no quorum after half an hour, the meeting is adjourned for a week, and if quorum is still missing half an hour into that meeting, the eligible voters present are a quorum.
• Proxies. A proxy appointment must be in writing and signed by you, can be general or limited to one meeting or resolution, and can be revoked at any time. Generally, the strata's employees and strata manager can't be proxies.
• Electronic meetings. Since November 24, 2022, any BC strata can hold its general meetings electronically or as a hybrid, without a bylaw. Council chooses the format, the notice explains how to join, and electronic attendees count as present in person.

Who votes, and how votes are counted

Generally, each strata lot has one vote, though a Schedule of Voting Rights can give some lots more. Tenants can vote if their landlord has assigned them the vote or they have a residential lease of three years or more. If the bylaws allow it, an owner the strata could register a lien against, for example for unpaid strata fees, can lose the vote on majority and 3/4 resolutions.

• Majority vote. More than half of the votes cast by eligible voters present in person, electronically or by proxy, not counting abstentions. It approves the budget, and spending from the contingency reserve fund on a depreciation report or the repairs the report recommends.
• 3/4 vote. At least 3/4 of the votes cast, counted the same way: for bylaw changes, most special levies, borrowing, most other reserve fund spending and significant changes to common property. See who pays a special levy when a strata home sells.
• 80% vote. At least 80% of all eligible voters, not just those present. Since July 28, 2016, it has been the vote to wind up a strata; with five or more lots, a court must confirm it.
• Unanimous vote. Every vote of every eligible voter, for example to change the Schedule of Unit Entitlement.

A 3/4 resolution passed by voters holding less than half of all the votes generally can't be acted on for a week, during which persons holding at least 25% of the votes can demand a special general meeting to vote again. Generally, any eligible voter can ask for a precise count or a secret ballot.

Special general meetings and getting an item on the agenda

Council can call a special general meeting at any time, and persons holding at least 20% of the votes can demand one in writing. Council must then hold it within four weeks, or eight for a winding-up resolution, with the demanded matter first on the agenda; if it doesn't, the signers can hold it themselves.

For an issue that can wait until the AGM, write to council, ideally with a draft resolution, well before notice goes out. Council sets the agenda, and a 3/4 resolution can generally be voted on only if its exact wording was in the notice. If council won't add it, persons holding at least 20% of the votes can sign a written demand, and the matter must then go in the notice and on the agenda.

How council is elected and what it can do

• Elections. Council is usually elected at each AGM and serves until a new council is elected at the next one. Under the Standard Bylaws, it has 3 to 7 members, or all owners if there are fewer than four strata lots or owners.
• Who can serve. Owners, corporate owners' representatives, and tenants given the owner's right by a written assignment or a residential lease of three years or more, plus others a bylaw allows, such as an owner's spouse who isn't on title. If a bylaw says so, an owner the strata could register a lien against can't serve.
• Standard of care. Members must act honestly and in good faith, in the strata's best interests, with the care, diligence and skill of a reasonably prudent person. A member with a conflict of interest must disclose it, abstain and leave during that discussion and vote. Under the Standard Bylaws, a member acting honestly and in good faith isn't personally liable.
• Removal. Under the Standard Bylaws, owners can remove council members, with or without cause, by majority vote at a general meeting.

Council meetings, minutes and records

• Council meetings. Under the Standard Bylaws, owners can attend as observers, but can be excluded from parts dealing with bylaw enforcement or someone's privacy. Council decides by majority vote, without proxies, can meet electronically, and must inform owners of its minutes within two weeks.
• Minutes. General meeting minutes record the result of every vote, and the strata must keep all its minutes for at least six years.
• Copies. Owners can inspect the strata's records for free and get copies for up to 25 cents a page, within one week for the bylaws and rules and two weeks for other records.
• Hearings. An owner or tenant can ask in writing for a hearing at a council meeting, which council must hold within four weeks. I explain hearings and fines in Strata Disputes in BC.

If you are buying, I suggest reading at least two years of minutes, where engineering reports, quotes and talk of a levy show up before any vote.

Questions owners often ask me

How often does a strata have to hold an AGM in BC?

Every year, no later than two months after its fiscal year ends, unless all eligible voters agree in writing to skip it and pass written resolutions instead.

What is quorum at a strata general meeting?

Unless the bylaws say otherwise, eligible voters holding 1/3 of the strata's votes, present in person, electronically or by proxy. Without it, the meeting is adjourned for a week, and if quorum is still missing then, those present are a quorum.

Can someone vote for me if I can't attend?

Yes. Appoint a proxy in writing and sign it; you can revoke it at any time. Generally, the strata's employees and manager can't be proxies.

How do I get an issue on the AGM agenda?

Ask council in writing well before the notice goes out. If council won't add it, persons holding at least 20% of the votes can require it with a signed written demand, or demand a special general meeting.

Can owners overrule the strata council?

Within limits. A majority vote at a general meeting can direct or restrict council, but not against the Act, the regulations or the bylaws, or on bylaw enforcement decisions. Under the Standard Bylaws, owners can also remove council members by majority vote.

Looking at a strata home? Read what strata bylaws can say about rentals, pets and age and the strata documents to read before you buy.

This article is general information, not legal advice. The rules come from the Strata Property Act and Regulation, the Standard Bylaws and the Province's strata housing pages, current at the time of writing; your strata's own bylaws may change some defaults, so read them and ask a lawyer about a specific dispute. For the Province's guide, see preparing for a strata general meeting.