Strata lot owners approve the annual budget, and their strata fees, by majority vote at the annual general meeting. Owners must pay for shared common expenses through their strata fees, the contingency reserve fund (CRF), and sometimes by special levies.
Learn more on this page:
The operating fund and contingency reserve fund
Strata fees
Preparing the annual budget
Preparing a financial statement and tax return
Changing the fiscal year
Approving the annual operating budget
Expenditures from the operating fund
To meet its expenses the strata corporation must have – and owners must contribute to – an operating fund and a contingency reserve fund (CRF).
Each strata lot owner must pay strata fees to cover budgeted common expenses for the strata corporation. Some strata owners will also pay additional strata fees for the section or type and the common expenses that only apply to strata lots within the section or type.
Strata fees will include contributions to the operating fund, for expenses that occur once a year or more often, and will also include contributions to the contingency reserve fund for expenses that occur less than once a year or do not usually occur. Strata fees are usually paid monthly.
Strata fees are set when the budget is approved by majority vote at the annual general meeting (AGM). Within two weeks of the budget passing, the strata corporation must inform owners of the new strata fees.
Strata fees are normally calculated by dividing the expenditures in the approved budget among the strata lots on the basis of unit entitlement. In apartment style (condo) or townhouse strata developments, unit entitlement is often based on the habitable size of the strata lot. For example, a bigger two-bedroom condo would usually pay more in strata fees than a smaller one-bedroom condo. However, in bare land stratas, unit entitlement is usually equal for each strata lot.
The schedule of unit entitlement is contained in the strata plan for the strata corporation and must be registered at the Land Title Office (LTO) or filed separately on a "Form V: Schedule of Unit Entitlement" at the LTO.
Strata fees can be changed to use another formula, by passing a a resolution approving the new formula by unanimous vote, and registering the resolution, and the approved formula, at the LTO.
Most strata corporations have a bylaw setting out when strata fees are to be paid. If a strata corporation doesn’t have its own bylaw for the payment of strata fees, then Standard Bylaw 1 applies which requires strata fees to be paid on, or before, the first day of each month.
A strata council can fine a strata lot owner for failing to pay strata fees in accordance with a bylaw. Standard Bylaws 23 and 24 apply to any strata corporation that does not have its own bylaws about fines. Before charging fines, the strata corporation must follow the strata bylaw enforcement process set out in section 135 of the Strata Property Act and explained in enforcing strata bylaws and rules.
Additionally, a strata corporation may charge interest for late or unpaid strata fees if it passes a bylaw setting out the rate of interest that can be charged for late payments.
The interest on late or unpaid fees:
The strata corporation may also file a lien for unpaid strata fees against a strata lot. The lien may be registered at the Land Title Office (LTO) against the title of a strata lot by filing a “Form G: Certificate of Lien”.
A lien allows the strata corporation to start the process to foreclose on a strata lot. A lien may not be filed for unpaid fines.
Any of these actions must consider the limitation period. On June 1, 2013, the basic limitation period under the BC Limitation Act for debt collection changed to two years.
For strata corporations this means that some debts - such as special levies and strata fees - that become due and owing are generally not collectable after a two-year period. (Please note, since the Limitation Act was changed in 2013, subsequent court cases and Civil Resolution Tribunal decisions have indicated that the two-year limitation period does not apply to the collection of strata fines).
Strata corporations can create a bylaw to prohibit a strata lot owner or tenant (if the strata corporation is entitled to register a lien against the strata lot, if the owner has unpaid strata fees or special levies) from sitting on the strata council or from voting on resolutions requiring a majority or 3/4 vote at general meetings.
Strata corporations can receive revenue to fund common expenses from other sources as well. The annual budget could include revenue from user fees for parking, electric vehicle charging, or guest suite rentals; revenue from common laundry facilities; interest from the operating account, leasing space for a cell phone tower or sale of assets.
Any interest or income on the contingency reserve fund (CRF) bank accounts and investments becomes part of the CRF.
Surpluses from the previous year's budget may also be used as contributions to either the operating fund or the CRF.
With a resolution approved by a 3/4 vote, a strata corporation can borrow money and assign future strata fee revenue as security for a loan. A strata council should seek legal advice on the writing of the 3/4 resolution, and the loan negotiations.
Strata fees and the annual budget are approved by a majority vote each year at the annual general meeting (AGM).
Before each AGM, the strata council must prepare an annual budget for the strata corporation's upcoming year, and distribute it with the notice of the AGM at least two weeks before the AGM.
Section budgets: strata corporations with sections will have more than one budget. There will be:
The strata corporation budget is voted on at the strata corporation AGM and the section budget is voted on at the section AGM.
The budget usually contains a single line item indicating the contribution to the contingency reserve fund (CRF).
A budget surplus occurs when the contributions to the operating fund for the previous fiscal year exceed the actual expenditures.
A budget surplus can be dealt with in a new budget in one or more of the following ways:
A budget deficit occurs when the actual expenditures exceed the contributions to the operating fund for the previous fiscal year. Under the Strata Property Act, a budget deficit must be eliminated during the next fiscal year. This can happen by raising strata fees and/or approving a special levy or by spending CRF funds with a 3/4 vote to eliminate the deficit.
Funds from the contingency reserve fund (CRF) can be lent to the operating fund to cover temporary shortages during the current operating year. If a temporary loan is made:
Before every annual general meeting (AGM), the strata council, and section executive, must also prepare a financial statement for the fiscal year that is just ending, and distribute it with the notice of the AGM. The purpose of the financial statement is to report on the strata corporation's actual income and expenses for the year that is just ending.
The financial statement must start from the beginning of the fiscal year and cover a period not less than up to two months before the AGM. Within eight weeks after the strata corporation's fiscal year end, the strata corporation must prepare a financial statement updated to the end of the fiscal year.
The financial statement must contain the following information:
The strata corporation must file a tax return for each fiscal year with the Canada Revenue Agency, and must provide a copy of their annual financial statements with their tax returns. Most residential strata corporations are essentially non-taxable corporations. For more information, please check with the Canada Revenue Agency. The Condominium Home Owners Association (CHOA) also offers some information on this topic, please see bulletin: 600-06 Tax Guide (2 page pdf).
The strata corporation may, by a resolution passed by a 3/4 vote at an annual or special general meeting, change the date of its fiscal year by up to six months. Stratas may want to do this, for example, if many owners are away at a certain time of year. As a result, a budget may cover a period longer than twelve months but not exceeding eighteen months; or cover a period less than twelve months but for at at least six months.
If a change is made to the fiscal year that results in a period not covered by a budget, the owners must continue to pay the same monthly strata fees required to be paid under the previous budget until the new budget is approved.
Until a new budget is approved, the strata corporation may only spend money out of the operating fund if the expenditure:
The strata corporation should seek approval from the Canada Revenue Agency prior to changing its fiscal year.
The annual budget for the next fiscal year must be approved by a majority vote at the annual general meeting (AGM). The proposed budget can be amended by a majority vote, during the meeting, before the final vote to approve the budget. Within two weeks of the budget being approved, the owners must be informed of the new strata fees.
If a budget is not approved at the AGM:
Until a new budget is approved, the strata corporation may only spend money out of the operating fund if the expenditure:
After the budget is approved by the owners, the strata council is authorized to make expenditures from the operating fund for expenditures which usually occur either once a year or more often than once a year.
If an operating fund expenditure has not been approved as part of the annual budget :
Generally, expenditures from the CRF must be approved by a 3/4 vote at an annual general meeting (AGM) or special general meeting (SGM).
However approval is not required for an expense:
As well, as of March 2014, expenditures can be made by majority vote from the CRF if:
- the expenditure is to obtain a depreciation report or
- the depreciation report recommends an expenditure and it is related to the repair, maintenance, or replacement of common property, common assets portions of a strata lot for which the strata corporation has taken responsibility by bylaw.
References:
Strata Property Act Sections: 14, 45, 53, 72, 91-92, 96-100, 102-108, 111, 115-117, 120, 190-198
Strata Property Regulation: 3.4, 6.1-6.8, 6.11, 17.9
Standard Bylaws (which can be amended) 1, 23, 24
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