Section 100 Vote (Wind-Up)

A Section 100 Vote refers to a resolution under s. 100 of the Strata Property Act, SBC 1998, c. 43, to wind up (dissolve) a strata corporation, typically in connection with the sale of the entire strata property for redevelopment. It requires approval by a resolution passed by a vote of at least 80% (as of 2026-07-27 — verify current) of the strata corporation. Verify procedural and timing requirements with a BC lawyer or notary before acting.

Section 100 of the Strata Property Act, SBC 1998, c. 43, requires a resolution passed by a vote of at least 80% (as of 2026-07-27 — verify current) of the strata corporation to wind up the strata. This is distinct from other resolution types such as a 3/4 vote or majority vote. Verify current thresholds and any amendments with a BC lawyer or notary before proceeding.

No. Section 100 of the Strata Property Act, SBC 1998, c. 43, requires a vote of at least 80% (as of 2026-07-27 — verify current), not unanimous consent. Owners who oppose the wind-up may have limited remedies; verify rights and options with a BC lawyer before acting.

If the 80% (as of 2026-07-27 — verify current) threshold under s. 100 of the Strata Property Act, SBC 1998, c. 43, is met, dissenting owners are generally bound by the resolution. The Strata Property Act and the common law may provide limited remedies in cases of oppression or unfairness, but these are fact-specific. Consult a BC lawyer immediately if you oppose a wind-up vote and it has passed or is imminent.

Yes. Section 100 of the Strata Property Act, SBC 1998, c. 43, permits a strata corporation to be wound up by an 80% (as of 2026-07-27 — verify current) vote for any lawful purpose, not solely redevelopment. Common scenarios include total sale, economic unfeasibility, or other circumstances determined by the strata. Verify the specific grounds and process with a BC lawyer or notary.

No. A 3/4 vote (75%, as of 2026-07-27 — verify current) is required for many significant decisions under the Strata Property Act, SBC 1998, c. 43, but a Section 100 wind-up requires an 80% (as of 2026-07-27 — verify current) vote. The two thresholds are distinct and apply to different matters. Consult ss. 1(1) and 100 of the Strata Property Act and verify current definitions with a BC lawyer or notary.

The Strata Property Act, SBC 1998, c. 43, and the Strata Property Regulation set out general notice requirements for general meetings, but specific notice content and timing for a s. 100 wind-up may be prescribed or may vary by strata bylaws. Best practice is to provide detailed disclosure of the proposed wind-up, sale terms, and financial implications. Verify notice obligations with a BC lawyer or notary before calling the vote.

Yes, potentially. A wind-up and sale may trigger capital gains or losses under the federal Income Tax Act, SC 1985, c. 1 (5th Supp.), and may have implications under BC's Property Transfer Tax Act, RSBC 1996, c. 378, or Speculation and Vacancy Tax Act, SBC 2018, c. 46, depending on the transaction structure. Verify all tax consequences with a licensed tax professional and BC lawyer before proceeding.

The BCFSA regulates real estate professionals under the Real Estate Services Act, SBC 2004, c. 42, but does not have jurisdiction over internal strata corporation governance disputes, which are governed by the Strata Property Act, SBC 1998, c. 43. Strata disputes may be addressed through the Civil Resolution Tribunal or BC Supreme Court. Verify dispute resolution pathways with a BC lawyer.

The Civil Resolution Tribunal has exclusive jurisdiction over many strata property disputes under the Civil Resolution Tribunal Act, SBC 2012, c. 25, and the Strata Property Act, SBC 1998, c. 43, but jurisdiction over wind-up matters may be limited or fact-specific. Complex wind-up disputes, especially those involving allegations of oppression or unfairness, may require BC Supreme Court proceedings. Verify jurisdiction and remedies with a BC lawyer before filing any claim.