This online survey is intended to provide a convenient way to respond to BCLI's Consultation Paper on Insurance Issues for Stratas and make your views on reform of the Act known to BCLI's Strata Property Law Phase 2 Project Committee. The Consultation Paper is available at a link appearing on the project webpage at: https://www.bcli.org/project/strata-property-law-phase-two

There are 14 questions in this survey. You can skip any questions you would prefer to not answer and can add comments where desired in the comment boxes that appear at the end of each question.  We recommend that you read the Consultation Paper before taking the survey.

You may return to the survey from the same computer at a later time, as long as you have not already submitted a survey response. Once you submit the survey (by clicking "DONE") you cannot return to it.

Comments longer than 25 lines of text should be sent to BCLI by email, regular mail, or fax.

email: strata@bcli.org

mailing address: 
British Columbia Law Institute
1822 East Mall
University of British Columbia
Vancouver, BC   V6T 1Z1

fax: 604-822-0144

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* 1. Name

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* 2. Organization

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* 3. Position

You may provide us with your name, the name of any organization you represent, and the title of your position within that organization, if you wish. You do not have to give us any of this information. You may still submit your response even if you leave some or all of the above spaces blank. You may respond to all or some of the tentative recommendations in this response booklet. If you wish to provide a more extensive comment than space permits, then please email us at strata@bcli.org.

Your response will be used in connection with the Strata Property Law (Phase Two) Project. It may also be used as part of future law-reform work by the British Columbia Law Institute or its internal divisions. All responses will be treated as public documents, unless you expressly state in the body of your response that it is confidential. Respondents may be identified by name in the final report for the project, unless they expressly advise us to keep their name confidential. Any personal information that you send to us as part of your response will be dealt with in accordance with our privacy policy. Copies of our privacy policy may be downloaded from our website at: https://www.bcli.org/privacy.

The numbers in parentheses refer to pages in the consultation paper where the tentative recommendation is discussed.
The insurance mandate

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* 4. The Strata Property Act should require a strata corporation to obtain directors-and-officers insurance. (pages 54–56)

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* 5. For the purposes of section 151 of the Strata Property Act, the strata corporation must obtain and maintain directors-and-officers insurance for a minimum amount of $2,000,000. (page 57)

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* 6. The definition of “major perils” in the Strata Property Regulation should not be amended to include earthquakes.  (pages 57–59)

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* 7. The definition of “major perils” in the Strata Property Regulation should not be amended to include overland flooding. (pages 59–60)

Insurance deductibles

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* 8. Section 158 of the Strata Property Act should be amended to allow a strata corporation to decide to charge back to an owner, if the owner is responsible for the loss or damage that gave rise to the claim, the lesser of the following amounts: (a) the cost of repairing the loss or damage; (b) the deductible limit of the insurance claim. (pages 63–66)

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* 9. A new standard bylaw should be added to the Schedule of Standard Bylaws that requires a strata-lot owner to have insurance that covers payment of a deductible under a strata-corporation policy.   (pages 66–67)

Named insureds

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* 10. Section 155 of the Strata Property Act should not be amended.   (pages 69–70)

Reporting and administration

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* 11. Section 149 (4) (a) of the Strata Property Act should be amended by adding the words “as determined by the most recent appraisal” after “full replacement value.” (pages 70–71)

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* 12. The frequency of appraisals should be determined by regulation. The regulation should initially set this frequency at a minimum of three years.   (pages 71–72)

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* 13. Section 154 of the Strata Property Act should be amended to require a strata corporation to inform the owners and tenants as soon as feasible of any material change in insurance coverage, including an increase in any deductible.   (pages 72–73)

Question for discussion—the standard unit

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* 14. Should British Columbia adopt the standard-unit concept?   (pages 73–77)

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