Quick Answer
Under Section 35 of the Strata Property Act, strata corporations must provide eligible records to owners and others entitled, usually within 14 days. Councils should document all requests and responses, provide access or copies as required, and protect personal information to comply with both legal and privacy obligations.
What does Section 35 require of BC strata councils?
Section 35 legally obliges strata corporations to keep and produce certain records and documents on request. This includes minutes, bylaws, financial statements, contracts, and more. Requests must be responded to within 14 days and may involve either providing copies or arranging an inspection at a reasonable time. Failure to comply can lead to penalties or orders from the BC Civil Resolution Tribunal (CRT), so timely, transparent processes are essential.
Which strata records must you provide—and which can you refuse?
BC strata councils must provide access to a broad list of records, including meeting minutes, budgets, financial statements, bylaws, rules, insurance policies, Form B, depreciation reports, and correspondence related to common property or strata business. However, you are allowed—and in some cases required—to redact or withhold information that would breach someone’s privacy, such as correspondence relating to complaints about a specific owner, or documents protected by solicitor-client privilege. Always consult Section 36 and privacy guidance when in doubt.
How should strata councils handle record requests in practice?
Record all requests in writing, even if they begin as verbal inquiries. Use a standardized form or template to capture the date, requester’s name, specific documents requested, and how they wish to receive them (inspection or copies). Track the 14-day deadline and keep receipts or logs of when and how the records were provided. If you need to redact or withhold documents, clearly note your reason, referencing the relevant section of the Act or privacy law.
What are common pitfalls in responding to owner requests?
The most common missteps are missing the 14-day timeline, being inconsistent in what is provided, or accidentally disclosing personal information. Councils sometimes struggle with records involving complaints or disciplinary matters—these often require redactions. Not having clear procedures can lead to rushed or improper disclosures. Using tools like SearchStrata can help you quickly identify documents that require review or redaction, reducing risk and administrative burden.
How should strata managers and councils collaborate on records requests?
Councils and property managers should agree on who receives and logs official requests to avoid duplication or things falling through the cracks. The manager typically coordinates document collection and can advise on privacy considerations, but the council is ultimately responsible for compliance. Regularly review your procedures as a team, especially after council turnover or if your strata is large and requests are frequent. Clear collaboration helps ensure all responses are timely and defensible—for example, in Vancouver buildings with hundreds of units, coordination is crucial to avoid missed deadlines and data errors.
Frequently Asked Questions
Who is entitled to request strata records under Section 35?
Owners, prospective purchasers, their agents, and mortgagees are entitled to request certain strata records under Section 35 of the Strata Property Act.
What is the timeline for a BC strata to respond to a records request?
Strata corporations must provide access to, or copies of, requested records within 14 days of receiving a proper request.
Can a strata council charge for providing records?
Yes, strata corporations can charge a reasonable fee for copies, as permitted under the regulations, but access to inspect records is typically free.
How should personal information be protected in records provided to owners?
Personal information, such as names in complaints or legal matters, should be redacted to comply with privacy laws and protect individuals' confidentiality.
What if a council does not respond to a records request in time?
If a strata council fails to respond in time, the requester can apply to the Civil Resolution Tribunal, which may order compliance and award costs or penalties.
Conclusion
Managing Section 35 records requests is a core governance task that exposes your strata to risk if mishandled. By documenting requests, meeting deadlines, and safeguarding personal information, your council upholds trust and stays onside with the law. If you want to streamline document review and identify sensitive content faster, you can try SearchStrata free to support your record-keeping and compliance efforts.