Dear Toni: Our shift council has planned to use our local church hall for our annual general meeting.
They advised that all attendees must provide proof of double vaccination more than 30 days in advance of the meeting and that everyone must wear a mask when attending the meeting or that they cannot attend and register to vote. They suggested that owners use a pre-printed proxy form to proxy a councilor to allow their vote and avoid the meeting if they have health or safety concerns.
Does a Strata Corporation have the right to restrict owners’ voting rights based on a valid vaccination card? Do the current mask regulations apply to Strata corporations? If so, who would enforce it with so many corporations across the province?
Margaret V., Coquitlam
From your local owners and shift council to the senior medical health officer, they all share the same concern, which is the best public safety measures.
The virus is airborne, and the variants appear to have even higher transmission rates. The best evidence shows that reduced / canceled gatherings, wearing masks, vaccinations, and increased ventilation whenever possible produce the best results.
On September 2nd, in accordance with the Public Health Act, the Chief Physician issued a mask requirement for all public areas of public space, in particular: a building or structure that is for the common use of all residents and invited guests of the building or structure, including lobbies, corridors , public toilets and elevators used as (i) retail store, (ii) service store, (iii) office building other than office, cubicle or other space in an office building to which a member of the public has been invited by an operator or employee to receive a service; (iv) a hotel, (v) a restaurant, pub, bar or other business that prepares and sells food or drinks, (vi) a mall or shopping center, (vii) a pharmacy, (viii) a fitness facility or a sports facility, (ix) a place where a non-profit organization makes goods or services available to the public, (x) a place that offers cultural, entertainment or recreational services or activities, including a theater, cinema, concert hall, Amusement arcade, billiards room, museum, gallery or library or (xi) a conference center, community hall or other location where public events take place; (xii) a courthouse; or (b) a taxi, limousine, vehicle with seats, bus with seats, vehicle used for commercial ridesharing, or other rental vehicle; (c) public transport; (d) the covered or sheltered portion or terminal, station or other location where persons (i) are loaded onto or unloaded from a public transport vehicle, or (ii) waiting to be loaded onto a public transport vehicle; (e) an airport, helicopter landing or seaplane terminal.
Exempt from this arrangement are communal residential areas or facilities in apartment buildings or, in particular, in corporations. With more than 32,000 Strata companies across BC, it would be impossible for regulators to monitor and manage every location. However, Strata companies have some key tools that allow them to meet the same standards and still operate at a functional level.
A shift council may pass a rule, adopted by majority vote at a council meeting, that requires residents, contractors, service providers, suppliers, employees and visitors to wear masks whenever possible when in a community property.
These include hallways, entrances, elevators, recreational facilities in club rooms, or other amenities that share common indoor spaces.
You can also limit the number of people in certain areas at any time to ensure safe social distance. This can include, for example, restricting elevator use to two people or a family at the same time, or a booking system for one-way fitness studios, swimming pools or laundries. While meetings can still be conducted in person, there may be individuals unable to attend due to medical conditions or other circumstances that may be recognized in the ordinance or the Human Rights Code.
It is Strata Corporation’s duty to house owners and voters, not the other way around.
In a key statement by the health officer, the ordinance formulates the need for public safety with respect for all persons. “I [the chief medical health officer] Recognize the interests protected by the Human Rights Code and take them into account when exercising my powers to protect the health of the public from the risks of COVID-19. “
I moderated several sessions during the summer that are both face-to-face and electronic at the same time to allow full participation without compromising voting rights or disregarding the Strata companies’ statutes. If your Strata Corporation meets in a location that does not belong to your Strata Corporation and it is a public place, this order applies.
All publicly accessible commercial / retail areas of strata companies and all areas that are part of a commercial operation, such as those affected by the order of masks.
There is currently no definitive answer to vaccination cards and applications to Strata companies, but we can assume that as the number of cases and infections increase, the activities of a Strata company will require such evidence before individuals can attend gatherings or meetings with the continuation via electronic To accommodate meetings.
Avoid imposing conditions that insist on powers of attorney, disclosure of personal data, or that could affect voting rights or attendance at meetings. Secure face-to-face meetings are possible but require a lot of space and management. Most importantly, plan your meetings in advance and create a security plan that explains how the meeting will be safe.
Do you have more questions? Contact info@choa.bc.ca A full copy of the order can be found at: gov.bc.ca/assets/gov/health/about-bc-s-health-care-system/office-of-the-provincial-health -offizier / covid-19 / covid-19-pho-order-face-coverings.pdf
tony@choa.bc.ca
Tony Gioventu is the Executive Director of the Condominium Home Owners Association.