Form D and Form E in British Columbia Strata: What Each Does

Form D and Form E are sometimes described as documents about unit entitlement or the strata plan. Under the Strata Property Regulation they are something different, and mixing them up can send you looking for the wrong paper.

This article explains what each form actually does, who files it, and which forms owners and buyers more commonly need. Because strata paperwork depends on the facts, a lawyer can confirm what applies to you.

This article covers the law of British Columbia.

The short answer

Form D and Form E: what each one does

Form D is the Strata Corporation Change of Mailing Address, used under section 62(3) of the Strata Property Act. It is a strata-corporation filing, not an initial-strata-fees form.

For an owner, the practical point is simple. If you need to know where the strata receives mail, this is the form that records a change. It does not set fees or deal with your lot's share of expenses.

Form E is used under Act sections 78, 79, 80, 100, 214 and 257 and others, and Regulation sections 17.20 to 17.22. It certifies that a resolution was passed at a general meeting and that an attached instrument conforms to it, and the strata files it.

In plain terms, it is the strata's formal statement that owners really did pass a particular resolution and that the document attached matches what was approved. Which resolutions need one depends on the section of the Act involved.

Forms owners and buyers deal with more often

• Form B, the Information Certificate, which the strata must give within one week of a request by an owner, a purchaser or a person authorized by either.
• Form F, the Certificate of Payment, which the strata must issue within one week of a request by an owner or purchaser if the owner owes nothing, any debt has been paid into court or to the strata in trust, or satisfactory arrangements are made.
• Form F is current for 60 days, and the fee is capped at $15.

The Land Title Office requires a Form F to register a lease or assignment of a lease, an agreement for sale, or a conveyance of a strata lot.

Form B discloses, as of the certificate date, the owner's monthly strata fees, amounts owing, approved future special levies, expected budget overruns, the contingency reserve fund balance, unfiled bylaw amendments, outstanding notices and work orders, parking and locker allocations, and a summary of insurance. The rules, current budget and most recent depreciation report must be attached.

Information disclosed in a Form B is binding on the strata corporation in its dealings with a person who reasonably relied on the certificate. A purchaser who may request one is anyone with an agreement to buy a strata lot not yet conveyed, and the agreement does not have to be unconditional, so a buyer in the subject-removal period can ask for it.

Fees, sections and disputed debts

The Form B fee is capped at $35 plus the cost of photocopying, with copies capped at 25 cents per page, and the strata may refuse to issue the certificate until the fee is paid. If the strata has sections, a Form B should be requested from both the strata corporation and the relevant section. The same applies to a Form F.

A Form F may include amounts owing for fines and remedy costs and for liens, but must not include undetermined damages claims. If an amount is disputed, once arbitration, a Civil Resolution Tribunal claim or court proceedings have begun, it may be paid into court or to the strata in trust, which allows a Form F to be issued despite the dispute.

The strata may register a lien against a lot for unpaid strata fees, special levies, certain work reimbursements or the lot's share of a judgment, and it must remove the lien within one week of payment. No lien may be registered for fines or remedy costs. A rush fee may apply for a Form F if less than 7 days' notice is given.

Strata records you can ask for

An owner, or a person the owner authorizes in writing, can request strata records, and the strata must comply within 2 weeks, or one week for bylaws and rules. Former owners can request records for the period they owned. The maximum fee for copies is 25 cents per page, and inspecting records is free.

• The strata must prepare and retain records including minutes of meetings, council member and owner lists, books of account, the strata plan, bylaws and rules, budgets, financial statements, correspondence and bank records.
• Owners are entitled to minutes of council, AGM and SGM meetings, bylaws and rules, financial statements, and repair and maintenance information.

What to do next

• Confirm which form your situation actually calls for before you ask the strata for anything.
• If you are buying or selling, request a Form B and a Form F.
• If you want to see whether a resolution was passed, ask for the minutes of the meeting, which owners are entitled to.
• If a Form D or Form E is involved in a dispute, a transaction or a new development, speak with a lawyer.

Frequently asked questions