Form B: the Information Certificate
The "Form B: Information Certificate" discloses a variety of information about a strata lot and the strata corporation. Typically it is requested when someone is considering buying a strata lot.
An owner, purchaser or person authorized by the owner or purchaser may request a Form B. The strata corporation is required to provide the Form B: Information Certificate within 7 days of a request.
The maximum a strata corporation can charge for a Form B is $35 plus up to 25 cents per page for copying including photocopying or other means of reproduction. Sometimes a rush fee is charged by the strata corporation if the Form B is requested with less than 7 days notice.
An owner under the Strata Property Act is:
- A registered owner of a strata lot, and includes trustees who hold title for the benefit of someone else
- A registered owner of a leasehold strata lot in a leasehold strata plan (who is referred to in the Strata Property Act as a "leasehold tenant"), and includes trustees who hold title for the benefit of someone else
- A person registered on title as a holder of an agreement for sale of a strata lot, and in this case, the registered owner will not be an owner under the Strata Property Act
- A registered holder of a life estate (which is referred to in the Strata Property Act as a "tenant for life") and in this case, the registered remainder owner will not be an owner under the Strata Property Act
A purchaser under the Strata Property Act is a person who enters into an agreement to purchase a strata lot or to acquire a strata lot lease in a leasehold strata plan, but to whom the strata lot or strata lot lease has not yet been conveyed or assigned.
The Strata Property Act does not provide that the agreement to purchase a strata lot be unconditional or free of subjects.
If a strata corporation has sections created by the strata's bylaws, the person making the request for the Form B should request the form from both the strata corporation and the section.
The strata corporation is responsible for providing the Form B. However, under the Strata Property Act, the strata council carries out the duties of the strata corporation.
If a strata corporation has employed a strata property manager, it is often the strata property manager who has the information necessary to complete the form. However, the strata council is responsible for directing the strata property manager. The information disclosed in the Form B is binding on the strata corporation and the requestor.
The following information with respect to the strata corporation and the strata lot must be disclosed and be current to the date on the Form B:
- the monthly strata fees payable by the owner
- any amount that the owner owes the strata corporation (other than an amount paid into court or to the strata corporation in trust)
- any agreements by which the owner takes responsibility for expenses relating to alterations to a strata lot, the common property or the common assets
- any amount that the owner is obligated to pay in the future for a special levy that has already been approved and the date by which the payment is to be made
- any amount by which the expenses of the strata corporation for the current fiscal year are expected to exceed the expenses budgeted for the fiscal year;
- the amount in the contingency reserve fund (CRF) minus any expenditures that have already been approved but not yet taken from the fund
- any amendments to the bylaws that are not yet filed in the Land Title Office;
- any resolution passed by a 3/4 vote or a unanimous vote that is required to be filed in the Land Title Office but that has not yet been filed in that office
- any wind up (termination) resolution that has been passed
- any notice that has been given for a resolution that has not been voted on, if the resolution requires a 3/4 vote, 80% vote or unanimous vote or deals with an amendment to the bylaws
- any court proceeding, arbitration or tribunal proceeding, in which the strata corporation is a party and any judgments or orders against the strata corporation
- any notices or work orders received by the strata corporation that remain outstanding for the strata lot, the common property or the common assets
- the number of strata lots in the strata plan that are rented
- any details about any parking stalls and storage lockers allocated to the strata lot and their numbers
- any other information required by the regulations
The following documents must be attached to the Form B:
- the rules of the strata corporation
- the current budget of the strata corporation
- the "Form J: the Rental Disclosure Statement" if one was filed for the strata lot
- the most recent depreciation report, if any
- the following may be required:
- agreements under which the owner has taken responsibility for expenses relating to alterations to a strata lot, common property or common assets
- resolutions requiring a 3/4 or unanimous vote not yet voted on, or approved but not yet filed with the Land Title Office
- resolutions to amend the bylaws that have not yet been voted on, or bylaw amendments that are approved but not yet filed with the Land Title Office
- details of court proceedings or arbitrations involving the strata corporation
- outstanding notices or work orders for the strata lot, common property or common assets
Strata Property Act: Sections 59, 114-116, 256
Regulations: 4.4, 6.10
The information on this website about strata housing is provided for the user’s convenience as a basic starting point; it is not a substitute for getting legal advice. Learn more about the site’s purpose and limits. The content on this website is periodically reviewed and updated by the Province of British Columbia as per the date noted on each page: July 29, 2016.