Dear Tony: Our AGM is normally held in mid-December each year. As a 108-unit self-managed townhouse complex we send notice by mail each year, but with the postal strike our options are down to hand delivery.
One of our council members tried a search using AI posts and identified the B.C. legislation needs to be updated to give strata corporations the option for email notices. We have found conflicting information regarding this issue.
We also tried to determine the notice period for different types of notice and it keeps coming up with 14 days, but we have always understood notice requires 20 days to be complete. Is AI reliable for strata questions?
AJ Walters
There are a number of beneficial applications of AI programs and search uses; however, I would not rely on them for interpretation of legislation, court or tribunal decisions.
With over 35,000 strata corporations across B.C. all with varying designs, bylaws, covenants, design models and operations, it’s unlikely governance information will be reliable.
There are AI programs that provide exceptional platforms for operations planning, budgeting and renewals. These are a significant benefit for communities invested in long-term operations of their properties.
Email has been a method of providing notice for general meetings, bylaw and rule enforcement, and collections under the Strata Property Act. The important function of email notice that must be administered by strata corporations and owners is the agreed consent. An owner may supply an email address and consent for the purpose of receiving official notice from the strata corporation. A strata corporation in turn also provides an email address to the owners where owners can provide notice to the strata corporation of a request for alterations, demand for a hearing or other forms of notice.
As a strata corporation, verify which strata lot(s) the email address applies to, and the name of the registered owner or tenant or mortgage provider who has been assigned voting rights and receives notice.
The email address forms part of the owners list and on request must be provided to an owner or tenant who requests a copy of the owner’s list. Fourteen days’ notice is insufficient. For example, hand delivery provides the shortest period of notice; however, this assumes you have been able to deliver notice in person to every owner on the same day. In addition, the day notice is delivered and received are additional days added under the Interpretation Act, and in the case of mail, fax or email there is an addition of 4 days for the notice period.
So yes, you have been correct. Allow for a full 20 days to deliver notice to ensure all forms of notice are covered. AI programs and support will improve over time, but I would always refer to the published legislation and references.
Tony Gioventu is executive director of the Condominium Home Owners Association
