Q: In our condo building, the same people are repeatedly voted to strata council and new ideas don't get a look in. Can we impose limits on the number of terms strata council members can serve?
A: In some strata corporations, the same owners are voted to strata council over and over again. While owner engagement is great, sometimes the consolidation of power within a small group of owners over time can lead to governance problems.
Some people look to presidential terms limits south of the border as a useful tool to increase strata council membership turnover. Unfortunately, any bylaw that attempts to place term limits on strata council members will be unenforceable.
Under section 28 of the Strata Property Act, SBC 1998, c.43, all owners have the right to stand for strata council, subject to a single exception. The Strata Property Act does permit a strata corporation to prevent an owner from being on strata council if the strata corporation may place a lien against the owner’s strata lot and this restriction is set out in the bylaws.
Since any bylaw that contravenes the Strata Property Act is unenforceable, any bylaw that attempts to place terms limits on owners cannot be enforced. Instead, owners will need to work together to craft political solutions.
For additional information on this and other strata property topics, visit my free online strata law guide at www.stratalaw.ca. Finally, always remember that this article provides general reference information, not legal advice. If you need assistance with a legal issue, speak with a strata lawyer.
