Many owners and buyers are surprised to learn that most duplexes in British Columbia are actually strata properties. The distinction comes down to how the property is registered at the Land Title Office. If the property was created under a strata plan, it is legally a strata corporation, regardless of how small it is.

The Strata Property Act applies to every type of strata development in BC. The same legislation that governs a 500-unit apartment complex applies equally to a 100-unit townhouse project, a 20-unit bare land development, and a two-unit strata often called a duplex. While some rules apply only to larger stratas (for example, only strata corporations with five or more strata lots must obtain depreciation reports), the legal fundamentals are the same for all.

At Condo Clear, they review strata documents for developments of every size across BC, including duplexes. They help owners, buyers, and Realtors make sense of the information provided and feel confident in their understanding. If you have questions or need help reviewing your strata documents, their team is there to help.

While this arrangement may not always make logical or practical sense, especially for two-unit developments, it’s how the legislation is currently structured. The only way to change this system would be through amendments to the Strata Property Act made by the provincial government. Until then, all strata corporations, regardless of size, must operate within the same legal framework.

1. What This Means for Duplex Stratas

Even a two-unit strata corporation must follow the requirements set out in the Strata Property Act. While not an exhaustive list, some of the main obligations include:

• Holding annual general meetings (AGMs)
• Electing a strata council
• Approving an annual budget
• Establishing and contributing strata fees to:
  • an operating fund, and
  • a contingency reserve fund (CRF)

• Having bylaws
• Obtaining and maintaining property insurance on:
  • common property
  • common assets
  • buildings shown on the strata plan, and
  • fixtures built or installed on a strata lot by the owner developer as part of the original construction

Even if the owners have never approved or filed their own bylaws, the Schedule of Standard Bylaws automatically applies. These standard bylaws outline rules around things like repairs, use of property, and how decisions are made by council, and they remain in effect until formally amended and registered at the Land Title Office.

With only two owners, decisions often need to be made unanimously. This can sometimes make it difficult to resolve disagreements about maintenance, insurance, or budgets, so clear communication and record-keeping are essential.

2. What If the Duplex Is Not Following These Requirements

Strata corporations are self-governing. There is no external body that automatically enforces compliance with the Strata Property Act. If a duplex strata has not been holding meetings, approving budgets, or maintaining insurance, it is technically operating outside of the legislation.

You may hear people refer to these situations as “non-conforming stratas.” While that term is often used informally, it simply means the strata corporation is not in compliance with the Strata Property Act, and that non-compliance can have serious implications.

Living in or buying into a duplex that is not following the required procedures might seem harmless while everything is going smoothly. However, it can quickly become problematic if relationships between owners break down. Without proper governance, insurance, or financial management in place, resolving disputes or completing necessary repairs can become complicated and costly.

If you are buying into or already own a duplex strata, review the strata documents carefully to confirm that these requirements are being met. If they are not, it is best to seek legal advice to understand the risks and options for bringing the strata into compliance.

Whether it has two strata lots or two hundred, a strata is still a strata. Understanding and following the requirements of the Strata Property Act helps avoid disputes and protects everyone’s investment.

Source/Original Article: Mugurel Mic | Condo Clear Services Inc. | www.condoclear.ca