Proxy

Under the Strata Property Act (SBC 1998, c. 43), a proxy is a written authorization that allows an eligible person to attend a strata general meeting and vote on behalf of an owner who cannot be present. The proxy holder exercises the voting rights of the absent owner as directed by that owner in the written authorization. This mechanism ensures owners can participate in strata governance even when they are unable to attend in person.

The Strata Property Act generally requires that a proxy holder be an eligible voter under the strata corporation's bylaws and the Act. Some strata corporations' bylaws restrict proxy holders to being owners within the strata or otherwise qualified individuals, so the specific eligibility rules may vary depending on what a particular strata's registered bylaws permit. Owners should review their strata corporation's current bylaws to confirm who may serve as a proxy holder.

The Strata Property Act (SBC 1998, c. 43) and its Regulation do address proxy holding, and strata corporations may also impose limits through their bylaws. Because the precise statutory limit can vary with bylaw amendments, owners and proxy holders should consult the current Strata Property Act Regulation and their strata's registered bylaws, or seek guidance from the BC Government or BCFSA, to confirm the applicable cap.

Yes. The Strata Property Act (SBC 1998, c. 43) requires that a proxy be in writing to be valid. An oral or informal proxy arrangement is not sufficient to authorize another person to vote on an owner's behalf at a strata general meeting. The written proxy must clearly identify the owner granting the authority and the person authorized to act.

Whether a tenant may serve as a proxy holder depends on the strata corporation's registered bylaws, as the Strata Property Act (SBC 1998, c. 43) permits strata corporations to set eligibility rules for proxy holders through their bylaws. In many strata corporations, proxy holders must be eligible voters themselves, and tenants' voting eligibility is a separate matter governed by both the Act and the specific bylaws. Owners should review their strata's bylaws or consult the current Strata Property Act provisions to determine tenant eligibility.

Yes, an owner may use a written proxy to authorize another eligible person to vote on bylaw amendments at a general meeting under the Strata Property Act (SBC 1998, c. 43). Bylaw amendments typically require approval by a three-quarters vote, and votes cast by a valid proxy count toward that threshold just as if the owner were present. Owners should ensure the proxy is completed correctly and delivered in accordance with any procedural requirements set out in the strata's bylaws or meeting notice.

No, a proxy and a mail-in or pre-meeting ballot are distinct mechanisms under BC strata governance. A proxy authorizes another person to attend and vote on the owner's behalf, potentially exercising discretion if the proxy is open-ended, whereas a pre-meeting ballot records the owner's own vote in advance without delegating authority to another individual. Whether pre-meeting ballots are permitted depends on the strata corporation's bylaws and the applicable provisions of the Strata Property Act (SBC 1998, c. 43).

Strata corporations in BC may amend their bylaws to add conditions or procedural requirements around proxies, but any such bylaw must remain consistent with the Strata Property Act (SBC 1998, c. 43), which governs the overall framework for proxy use at general meetings. A bylaw provision that entirely eliminates the right to use a proxy in a manner inconsistent with the Act would be unenforceable to the extent of that conflict. Owners wishing to understand the interplay between their strata's bylaws and the Act should review both documents carefully.

While the Strata Property Act (SBC 1998, c. 43) requires that a proxy be in writing, the Act does not prescribe a mandatory standard form; however, a valid proxy should clearly identify the owner granting the authority, the individual being appointed as proxy holder, the meeting for which the proxy is granted, and any specific instructions or limitations on how the proxy holder may vote. Including the date, strata lot number, and the owner's signature helps ensure the proxy is accepted by the strata corporation. Owners should also check whether their strata corporation's bylaws specify any additional requirements for proxy forms.

When a strata lot is sold, voting rights at strata general meetings transfer to the new owner upon registration of the transfer, not on possession or completion date. Until the transfer is registered in the BC Land Title Office, the seller remains the owner of record and would be the person entitled to grant or receive a proxy for strata votes under the Strata Property Act (SBC 1998, c. 43). Buyers and sellers involved in a transaction near a scheduled strata meeting should be aware of this distinction when considering proxy arrangements.