The strata voting process

It is important to know who can vote at a general meeting and how to conduct and calculate votes. Certain decisions must be approved and voted on by owners such as: creating or changing bylaws, approving the budget and strata fees, approving special levies, terminating (winding up) a strata and expenditures from the Contingency Reserve Fund (CRF).

Learn more on this page:
Electronic meetings enabled
Different voting thresholds
Strata voting entitlements
Eligible and ineligible strata voters
Voting by proxy
Quorum
Voting at a general meeting

Electronic meetings enabled

All strata corporations in B.C. are allowed to conduct annual and special general meetings by electronic means, or use a hybrid of in-person and electronic participation. No strata bylaw is required. This was permanently enabled by the Province on November 24, 2022.

The revised legislation states:

Electronic attendance at annual and special general meetings

49  (1) If the requirements of subsection (2) are met, a strata corporation may provide for attendance and voting by telephone or other electronic means at an annual or special general meeting of the strata corporation.

(2) The requirements for the purposes of subsection (1) are as follows:

(a) the notice given under section 45 must include instructions for attending the meeting by electronic means;

(b) the electronic means must enable all persons attending the meeting to communicate with each other;

(c) the electronic means must enable the chair of the meeting to identify whether a person attending by electronic means is an eligible voter.

(3) Despite the bylaws of a strata corporation,

(a) a voting card is not required to be issued to an eligible voter attending an annual or special general meeting by electronic means, and

(b) an eligible voter attending an annual or special general meeting by electronic means is not entitled or required to vote by secret ballot.

(4) A person who attends an annual or special general meeting as provided for under subsection (1) is deemed to be present in-person at the meeting.

Please see the changes to strata legislation web-page for more information.

Different voting thresholds

Some strata corporation decisions require a higher threshold of approval by owners. For example:

• Amending (creating, changing or deleting) bylaws takes a 3/4 vote
• Budgets and strata fees are approved by a majority vote
• Changing unit entitlement requires a unanimous vote of all the owners
• Terminating or winding up a strata corporation takes an 80% vote of all the owners

Learn more in types of strata voting.

Strata voting entitlements

Generally all strata lots have one vote. In some cases, a strata lot may have more votes, if the number of votes are set out in the "Form W: Schedule of Voting Rights" which has been filed in the Land Title Office. A Form W cannot be filed for strata developments that are exclusively residential, unless it relates to a plan amendment.

Unless the Form W has been approved by the BC Financial Services Authority or relates to a plan amendment, it should state that:

• all residential strata lots in mixed use developments have one vote each
• a non-residential strata lot has a vote that is in proportion to its unit entitlement divided by either the average residential unit entitlement in mixed use developments or
• the average unit entitlement of all strata lots in exclusively non-residential developments

If there is a tie vote at an annual or special general meeting, the president, or—if the president is absent or unable or unwilling to vote—the vice-president may, if the bylaws so provide, break the tie by casting a second deciding vote.

Eligible strata voters

The following persons are eligible to vote at a general meeting:

Strata lot owners are eligible to vote, unless:

• there are two or more owners of a strata lot, in which case only one owner representing the strata lot may vote on any given matter. If owners who share a vote cannot agree on how their vote should be cast, the vote in respect of their strata lot will be discounted by the chair of the meeting
• pursuant to a bylaw, they are ineligible to vote on resolutions requiring a majority or 3/4 vote due to unpaid strata fees or other monies owing (if the strata corporation is entitled to register a lien against that strata lot pursuant to the Strata Property Act)
• they have assigned their right to vote on certain matters to tenants or mortgagees
• they no longer have a vote due to an automatic assignment to a residential tenant with a lease of three years or greater
• they lack the capacity to vote or are under sixteen years of age

Tenants who have been assigned an owner’s (landlord’s) right to vote are eligible to vote.

Residential tenants who have entered into a lease of three years or greater are eligible to vote.

Mortgagees who have given the strata council a notice of an intention to vote, however:

• the notice must be given to the strata corporation, and anyone who has the right to vote
• the notice must be given at least three days before the meeting
• the mortgagee is restricted to voting on matters of insurance, maintenance, finance or matters that affect the security of the mortgage
• the mortgagee may not vote on a winding up (termination) resolution

A parent or guardian acting for a strata lot owner who is under sixteen years of age is eligible to vote.

A person who is legally authorized to act for the owner who, for a reason other than being under sixteen years of age, lacks the capacity to make a decision is eligible to vote.

The Public Trustee or other person appointed by the court is eligible to vote when:

• the court may appoint the Public Trustee or other person to vote in respect of a strata lot when there is no person to vote in respect of the strata lot and an application has been made to the court by an owner, a strata corporation or an interested person
• a matter requires a unanimous vote, then the court must appoint the Public Trustee or other person to vote in respect of a strata lot

Ineligible voters

A strata lot (owner) may be ineligible to vote for the following reasons:

• pursuant to a bylaw they are ineligible to vote on resolutions requiring a majority or 3/4 vote due to unpaid strata fees or other monies owing (if the strata corporation is entitled to register a lien against that strata lot pursuant to the Strata Property Act)
• they are an owner and have assigned their right to vote on certain matters to tenants or mortgagees
• they are a residential owner and no longer have a vote due to an automatic assignment to a tenant with a lease of three years or greater
• are under sixteen years of age or
• they lack the capacity to vote

Voting by proxy

A proxy is a written authorization given to enable the proxy holder to act on behalf of the person appointing the proxy. A proxy:

• must be in writing, and be signed by the person appointing the proxy
• can be given for general purposes or for a specific resolution or for a specific meeting
• can be revoked by the person appointing the proxy at any time
• can be held by any person except the strata corporation’s strata manager or an employee of the strata corporation

A proxy holder may do anything the person appointing the proxy can do, including: voting, proposing and seconding motions and participating in discussion at an annual or special general meeting unless limited in the appointment document.

Quorum

Business must not be conducted at an annual or special general meeting unless a quorum is present. 

Subject to the strata's bylaws, a quorum for an annual or special general meeting is:

• eligible voters holding 1/3 of the strata corporation’s votes present in person, by telephone or other electronic means, or by proxy
• if there are fewer than 4 strata lots, or fewer than 4 owners, then eligible voters holding 2/3 of the strata corporation’s votes present in person, by telephone or other electronic means, or by proxy

Unless otherwise provided by the bylaws, the Strata Property Act stipulates if – within 1/2 hour from the scheduled start of the annual or general meeting – a quorum is not present, the meeting stands adjourned to the same day in the next week at the same time, place (for in-person attendance) and same instructions (for electronic attendance).

However, if within 1/2 hour of the start of this subsequent meeting, a quorum is not present, quorum is deemed to be achieved with the eligible voters present in person, by telephone or other electronic means, or by proxy.

Voting at a general meeting

Effective November 24, 2022, all strata corporations in B.C. are allowed to conduct annual and special general meetings in-person or by telephone or other electronic means, or use a hybrid of in-person and electronic participation. No strata bylaw is required.

The strata council chooses the format of the meeting and must include in the meeting notice, instructions for participating by phone or other electronic means if permitted.

The ability to hold general meetings electronically or by a hybrid method has changed some requirements for conducting meetings. The Standard Bylaws (which can be amended) set out the following provisions that deal with voting at general meetings:

• a voting card must be issued to all eligible voters. Note: voting cards are not required to be issued to voters participating electronically.
• votes can be decided on a show of voting cards. Note: this does not apply to voters participating electronically.
• an eligible voter can request a precise count, and if a precise count is requested, the chair must decide whether it will be by a show of voting cards, roll call, secret ballot or some other method
• the outcome of each vote (including the number of votes for and against the resolution if a precise count is requested) must be announced by the chair and recorded in the minutes of the meeting
• if an eligible voter requests a secret ballot the vote must be taken that way. Note: voters participating electronically are not entitled nor required to have a secret ballot.
• a tie vote can be broken by the president of the strata council, or vice president if the president is unwilling or unable to act

References:
Strata Property Act: Sections 1, 49-58, 147, 148, 247, 248
Standard Bylaws (which can be amended): 27

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