Non-residential Strata Lots
My strata corporation has both residential and non-residential strata lots. The residential strata lots have enough votes to pass amendments to the bylaws without considering the non-residential strata lots. Can the residential strata lots pass bylaws over the objections of the non–residential strata lots?
No – Section 128(1)(c) of the Strata Property Act provides that separate 3/4 vote resolution are required of each of the residential strata lots and the non–residential strata lots in order to pass bylaw amendments.
Is the owner of a non-residential strata lot required to provide a Form K – Notice of Tenant's Responsibilties to the strata corporation?
No. Section 146 requires the owner of a residential strata lot to provide a Form K-Notice of Tenant’s Responsibilities to the strata corporation within two weeks of renting a residential strata lot. If a strata corporation wants to require the owner of a non-residential strata lot to provide a Form K to the strata corporation, then there must be a bylaw that requires the owner of a noon-residential strata lot to provide a Form K.
Is a strata corporation that is comprised of both residential and non-residential strata lots required to have separate sections?
No. The decision to have separate sections for residential and non-residential strata lots is a decision of the owners.
