Dear Tony:
Our strata corporation is a 114-unit townhouse community. Due to historic harassment from a few owners and ongoing major road construction, no one is willing to stand for our strata council this year. We had to adjourn the AGM without a single candidate.
Is it possible to amend our bylaws to allow non-owners to be elected to council?
We are a self-managed bare land strata retirement community, and unfortunately, owners and residents are simply not interested.
~JPK
Dear JPK:
Under the Strata Property Act, the standard eligibility for council includes owners, tenants who have been assigned the owner’s rights, or family members who have been granted the owner's rights. However, a strata corporation can amend its bylaws to expand council eligibility to include other individuals.
This issue is becoming increasingly common—particularly in retirement communities, buildings with age restrictions, or those with a high number of rentals or significant internal conflict. When no one is willing or able to serve, some strata corporations successfully adopt bylaws that allow a broader group to be eligible for council election.
For example, retirement communities often amend their bylaws to allow a parent, spouse, or adult child of an owner to serve on council. When carefully crafted, such amendments can ease the burden on residents while bringing in family members who may have professional or operational experience. It’s important, however, to clearly define who qualifies: the nature of the family relationship, the scope of authority, and the term of service.
To avoid potential conflicts of interest, the bylaw should also address whether family members have any business or financial relationships with the corporation or its owners. For balance, you may also consider requiring a minimum number of council members to be owners and specifying who may serve as president or treasurer.
Another critical consideration is risk and insurance coverage. Your Director and Officer Liability insurance policy may not automatically cover non-owner council members. Before proceeding, confirm coverage in writing with your insurance provider.
If your strata is considering expanding council eligibility, it’s essential to:
•Seek legal advice to draft the bylaw carefully;
•Consult with your owners in advance
• Remember that in mixed-use (commercial/residential) properties, both groups must approve the bylaw separately by a ¾ vote for it to be valid.
Feel free to reach out for further guidance.
—Tony Gioventu,
Condominium Home
Owners Association