Published: 23 January 2012.

Contributed by Frank Higginson of Hynes Lawyers

Some quick bites to start the year

As we begin the slow lumber into 2012, with it no doubt building to a full sprint come mid to late February to continue through to late December, some attention spans are short. So here are some very quick bites to allow everyone to digest before the year gets into the full swing.

From canvassing our strata team these are the top 5 questions we get asked on a regular basis.

No confidence motions

They are meaningless and unlawful in that they cannot be given legal effect.

There is nothing under the BCCM Act or Modules that creates the ability to vote on a no confidence motion. Committee members are up for election every year or can be removed by ordinary resolution before then. That’s it.

House rules

These are unlawful.

If you want a rule that is binding on owners then put it in the by-laws. Rules created by the committee alone are unenforceable. This is even more meaningful in recent times with the Commissioner continually insisting on reasonableness in by-laws matters.

Moving bonds

Section 180(6) of the BCCM Act states that a by-law cannot impose a monetary liability on an owner or occupier of a lot. A bond purportedly imposed on owners or tenants in relation to moving in or out of the complex is unlawful.

Residential use limitations

If a lot can be used for residential purposes (which at law refers to both short and long term purposes) a by-law cannot restrict the type of residential use to which it can be put. By-laws cannot regulate the length of a tenancy. The proper place for restriction on how lots are used is in town planning instruments - not by-laws.

Chairpersons and casting votes

They don’t have one. A chairperson has the same voting rights as any other committee member. There is no such thing as a presidential right of veto or casting vote.

We wish all our readers the very best for 2012. May all your committee and general meetings be constructive!

If you have any questions in relation to this article please contact Frank Higginson.

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