Tony Gioventu
Province
Q: Our strata council wants to change the contractor who maintains our landscaping. Our past president claims we don’t have the authority to terminate the current contract without the owners’ approval according to the Strata Property Act.
The owners approved $14,000 in the annual budget and have already obtained three quotes with better service and we will save $3,500 from our annual budget.
We cannot find anything in the Strata Act governing this, but is there anything that prevents council from changing contractors without a meeting of the owners?
— A Richmond Strata Council
A: Under the act, there is one contract that may require termination by a vote of the owners, and that is the agreement of strata management. This requires a three-quarters vote at a general meeting, if there is no other termination condition in your contract.
For all other contracts, the act provides for no specific limitations. However, you also need to review your bylaws and the motions of your owners at general meetings. The bylaws might require contracts be approved or terminated at general meetings.
Also past motions at general meetings might have imposed some limitation or specific direction by the owners. In the absence of any bylaws or motions, the council has the authority to change the services.
A few tips to remember:
– Try to create a specific scope of services and obtain as many quotes as possible.
– Check each bidding company’s references and business history with the Better Business Bureau, any associations the companies may be affiliated with and other stratas in your area using the same companies.
– Contact the B.C. Landscape and Nursery Association for additional information on contracts, standards and performance guidelines. The organization has a toll-free line for B.C. callers (1-800-421-7963) and a website (bclna.com).
– Remember to get everything in writing, double-check who is supplying tools, supplies, removal and waste disposal.
– Check for insurance and current and active WorkSafe coverage.
– If any of your council members has an affiliation or relationship with a bidding company, that member needs to remove himself or herself from the decision process.
– Report your decision in the minutes and inform your owners as soon as possible.
– If in doubt about the terms and conditions of your contract, get legal advice.
Tony Gioventu is executive director of the Condominium Home Owners’ Association. E-mail: [email protected].
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