3/4 Vote Resolution

Under the Strata Property Act (SBC 1998, c. 43), a 3/4 Vote Resolution is a resolution that passes only if at least three-quarters of the votes cast at a properly convened general meeting are in favour. It is used for significant strata decisions such as amending bylaws, approving certain major expenditures from the contingency reserve fund, and other matters the Act designates as requiring this threshold. The vote is calculated based on votes actually cast, not on the total number of eligible voters.

The Strata Property Act (SBC 1998, c. 43) requires a 3/4 Vote Resolution for matters including the amendment of strata corporation bylaws, certain expenditures from the contingency reserve fund that exceed thresholds set out in the Act and its Regulation, and other significant decisions prescribed by the legislation. The Act and its Regulation should be reviewed directly to confirm the full list of matters requiring this threshold, as specific provisions govern each category of decision.

Under the Strata Property Act (SBC 1998, c. 43), the 75% threshold for a 3/4 Vote Resolution is calculated based on the votes cast at the meeting where the resolution is voted on, not the total number of strata lots or eligible voters in the strata corporation. This means abstentions and absent owners do not count against the resolution, and only affirmative and negative votes factor into the calculation. Strata corporations should ensure voting procedures align with the Act to avoid a challenge to the validity of a passed resolution.

Yes, under the Strata Property Act (SBC 1998, c. 43), a 3/4 Vote Resolution may be passed at either an Annual General Meeting (AGM) or a Special General Meeting (SGM), provided the meeting is properly convened with adequate notice and quorum requirements are met. The notice of meeting must clearly identify that a 3/4 Vote Resolution is to be considered, as the Act requires the resolution to be set out in full in the notice. Failing to include the full text of the resolution in the notice may render the vote invalid.

The Strata Property Act (SBC 1998, c. 43) requires that the full text of a proposed 3/4 Vote Resolution be included in the notice of the general meeting at which it will be considered. The Act and its Regulation set out the minimum notice periods that must be given to strata lot owners before a general meeting, and those notice requirements apply equally when a 3/4 Vote Resolution is on the agenda. Strata corporations should consult the Act and its Regulation for the precise notice period and delivery requirements to ensure procedural validity.

Under the Strata Property Act (SBC 1998, c. 43), a 3/4 Vote Resolution requires at least 75% of votes cast to be in favour, while a Unanimous Vote Resolution requires all eligible voters — meaning no eligible voter votes against it — to approve the resolution. Unanimous Vote Resolutions are reserved for the most significant strata decisions, such as certain changes that affect land title or the disposition of common property. The distinction is important because the higher threshold of a Unanimous Vote Resolution reflects matters of greater consequence to all strata owners.

Yes, under the Strata Property Act (SBC 1998, c. 43), eligible voters may appoint a proxy to vote on their behalf at a general meeting, including when a 3/4 Vote Resolution is being considered. The Act sets out the requirements for a valid proxy, including that it must be in writing, and proxy votes count toward the total votes cast when calculating whether the 75% threshold has been achieved. Strata corporations should review the Act's proxy provisions and any applicable strata bylaws to ensure proxies are properly submitted and counted.

Under the Strata Property Act (SBC 1998, c. 43), a bylaw amendment that does not receive the required 3/4 Vote is not validly passed and has no legal effect. Any bylaw purportedly amended without meeting the statutory threshold could be challenged by a strata lot owner, potentially through the Civil Resolution Tribunal or BC Supreme Court. It is important for strata councils to ensure that the correct voting threshold is applied at the time of the vote to protect the enforceability of any amended bylaw.

Under the Strata Property Act (SBC 1998, c. 43), bylaw amendments passed by a 3/4 Vote Resolution only take effect once they are filed with the Land Title Office; an amendment is not enforceable until that filing is completed. Other types of 3/4 Vote Resolutions, such as those approving certain expenditures, do not require Land Title Office filing to take effect. Strata corporations should confirm which of their resolutions trigger a filing obligation under the Act and its Regulation to ensure proper compliance.

The Strata Property Act (SBC 1998, c. 43) sets the 3/4 Vote threshold as a minimum standard for designated matters, and strata corporations should carefully review the Act and obtain appropriate advice before attempting to adopt bylaws that alter statutory voting thresholds. Generally, strata bylaws cannot reduce the threshold below what the Act prescribes, as that would conflict with the statute. Whether bylaws may validly increase a threshold beyond the statutory minimum is a matter of statutory interpretation under the Act, and strata corporations should consult the Act's provisions directly for guidance.