Dear Tony: Is a tenant permitted to be elected to strata council?
Our strata corporation has struggled to elect the minimum number of council members and at our AGM on Oct. 2, tenants came forward and offered to be elected to council.
They provided written consent from the owners of their strata lots, but several owners objected, insisting they had to be owners. We only managed to elect two council members, so we are having another general meeting in December to elect more council members.
It would be very helpful if the tenants were permitted on council.
Cally W., North Vancouver
Yes, tenants can be elected to council if the owner of the strata lot has provided a written assignment of their rights for the purposes of being elected to council.
A landlord can assign to a tenant some or all of the powers and duties of the landlord that arise under the Strata Property Act, the bylaws or the rules, but cannot assign to a tenant the landlord’s responsibility for fines, damages and insurance deductibles or the costs of remedying a contravention of the bylaws or rules.
The assignment is not effective until the landlord gives the strata corporation a written notice stating all of the following: a) the name of the tenant to whom the assignment is made; b) the powers and duties that have been assigned; c) the time period during which the assignment is effective.
Family members who are tenants are also eligible for the assignment and permitted to be elected to the strata council. When owners rent a strata lot to a tenant, or family member defined by the act, they are required to provide the strata corporation with a Form K signed by the tenants indicating they have received a copy of the bylaws and rules.
The form is essential for a strata corporation to manage the owners’ and tenants’ list and report their rental inventory. The form can also include any written assignments for the tenant or family member to be elected to the strata council.
A strata corporation is also permitted to amend its bylaws to permit other types of non-owners to be elected to council. In strata corporations with aging populations where owners are unwilling to serve on council, the strata corporation can amend its bylaws to permit the family members of owners to be elected to the strata council, if the owner provides written consent.
The bylaws can also consider the appointment of others, such as business professionals, to serve a specific purpose. Remember that only the owners at a general meeting can elect additional council members. The number you elect at your annual general meeting can only be increased if the strata corporation holds another general meeting for the purpose of electing additional council members.
Tony Gioventu is executive director of the Condominium Home Owners Association.
