What to know about Strata Council hearings

When an owner requests an official hearing from Strata Council, there is no need to be alarmed! A hearing is a great way of coming to a resolution on an item of conflict, and should be handled appropriately according to the SPA. Section 34.1 of the SPA really lays it out in black and white.

Below are a few rules to follow with regards to Strata Council hearings:

If requested, the strata Corporation MUST hold a hearing according to Section 34.1 of the SPA.

This hearing must be held within 4 weeks of the request.

The hearing request must be in writing, and state the reason for the request.

The Council must respond to the hearing within one week of the hearing in writing

The hearing should be in the form of a Council meeting, but can also be included in your regularly scheduled Council meeting if you can meet the 4 week rule.

Quorum must be met according to the strata bylaws, just as any other Council meeting.

The Council should set the procedures for the meeting such as time allowed, date, time, etc.

The hearing should be minuted as would any Council meeting.

Observers are not permitted for the hearing portion of the Council meeting due to the sensitive nature of the hearing.

The Council should seek information and ask questions if required.

Personal information should be protected under PIPA guidelines.

If a complaint is made against a Council member, then they must recuse themselves from the meeting.

To summarize, hearings are a great way to try and resolve conflict, but be sure to follow the rules. They can and are often followed by CRT claims, so keep that in mind, but they can also resolve disputes without having to take things to the next level.

Have questions about Council hearings? Reach out to us here!