Quick Answer
BC strata councils may use email votes for urgent or routine matters between meetings, but these decisions should be formally ratified and minuted at the next in-person or virtual council meeting. To reduce legal risk and maintain transparency, councils should have a clear policy for email votes, limit their use to appropriate issues, and always document discussions and outcomes for the strata’s official records.
Are email votes allowed for BC strata council decisions?
Email votes are not explicitly provided for in the Strata Property Act but are commonly used in many BC strata corporations for practicality. Council meetings must meet minimum notice and procedural requirements, so decisions made outside formal meetings (including by email) may be challenged if not properly recorded and ratified. Always clarify the rules in your strata’s bylaws, and when in doubt, consult a qualified strata lawyer or property manager familiar with your community’s practices.
When should council use email votes—and when should it not?
Email votes are best limited to urgent or logistical issues that cannot wait for a scheduled council meeting. Examples include authorizing a minor repair or responding to a time-sensitive contract. Major decisions—like budget approval, bylaw enforcement, or imposing fines—should almost always be handled in a properly convened meeting, where discussion and quorum can be ensured. Using email for contentious or significant matters risks undermining due process and can open the council up to challenge at the Civil Resolution Tribunal.
How should council document email votes to be defensible?
Every email vote should be summarized and included in the next council meeting minutes for transparency. A defensible process includes: (1) clearly stating the question in the email chain, (2) recording who voted and how, (3) noting any discussion, and (4) formally ratifying the decision at the next council meeting. Use language like, "Between meetings, council voted by email to authorize up to $1,000 for emergency plumbing repairs; ratified by motion at this meeting." This ensures the strata’s institutional memory is preserved, protecting council members now and in the future.
What should a strata council email voting policy include?
A clear policy gives consistency and protects council members. The policy should specify: (1) what types of decisions are suitable for email, (2) how notice and participation are managed, (3) requirements for documenting discussions and votes, (4) the need for subsequent ratification in open session, and (5) who maintains the official record. Councils in larger communities like Burnaby and Victoria often work with property management to develop or review these policies to balance efficiency and transparency.
How can SearchStrata support defensible record-keeping for council actions?
Analyzing and organizing your strata's minutes, decisions, and supporting documents is essential for audit trails and defending council actions. Tools like SearchStrata can help your council quickly review past decisions, ensure consistency in documentation, and strengthen your process for retaining and retrieving records when owners or regulators request them.
Frequently Asked Questions
Are email votes by strata council binding in BC?
Email votes are not automatically binding under the Strata Property Act; they must typically be ratified at the next formal council meeting and recorded in the minutes to be defensible.
Can a strata council impose a fine by email vote?
Imposing fines is considered a significant enforcement action and should be made during a properly called council meeting—not by email—to meet legal requirements and ensure fairness.
Do strata council members have to keep email vote discussions confidential?
Council members are expected to respect confidentiality in all council communications, including email votes, especially regarding sensitive matters involving owners or legal issues.
How long should a strata keep records of email votes?
As part of the official strata records, email vote documentation should be kept according to the retention periods set by regulation. Consult your property manager or legal advisor to confirm current requirements.
What if a council member disagrees with an email vote?
A dissenting council member should clearly state their position in the email thread and ensure their vote is recorded. At the ratifying meeting, they may wish to restate their objections for the minutes.
Conclusion
Email votes can be a practical tool for BC strata councils, but only when used with care, clarity, and proper documentation. Ensuring each decision is transparently recorded and ratified at a council meeting limits risk for both the strata and its volunteer council members. For better record-keeping and defensible governance, consider using tools like SearchStrata to help your council quickly track, search, and organize decisions—freeing up time to focus on the big-picture needs of your community.
