Changes to the Strata Property Act re Electric Vehicle Charging

Person filling out a paper form and signing it.[Updated May 11, 2023]

On April 6, 2023, the BC Government introduced significant changes to the Strata Property Act to make it easier for strata corporations and owners to install electric vehicle charging stations in strata properties, including a requirement to obtain an electrical planning report.

See Bill 22 – 2023 The Strata Property Amendment Act, 2023.

Bill 22 passed on April 26 and received Royal Assent on May 11, 2023. Some changes are now in effect*. Other changes will be effective when Regulations are created:

Section 94.1: Will require strata corporations to obtain an electrical planning report from a qualified person on or before the dates determined in the Regulations and must contain the information set out in the regulations. (To be brought into force by regulation).

Section 92: Will allow the cost of the electrical planning report to be paid from the operating fund. (To be brought into force by regulation).

*Section 96: The voting threshold has been lowered from ¾ vote to majority vote to approve expenditures from the contingency reserve fund (CRF) if the expense is:

  • *related to the installation of EV charging infrastructure or the management of electricity used by EV charging infrastructure
  • *necessary to obtain a report respecting the installation or operation of EV charging infrastructure or the management of electricity used by EV charging infrastructure

After regulations are created regarding the electrical planning report, the wording in section 96 will change again:

  • necessary to obtain an electrical planning report under section 94.1, or
  • necessary to obtain any other report respecting the installation or operation of EV charging infrastructure or the management of electricity used by EV charging infrastructure

*Section 71: The voting threshold has been lowered from ¾ vote to majority vote to approve a significant change in use or appearance of common property if the change is related to the installation of EV charging infrastructure or the management of electricity used by EV charging infrastructure.

*Section 82: The voting threshold has been lowered from ¾ vote to to majority vote approval for the strata corporation to acquire or dispose of personal property related to the installation, operation, maintenance or repair of EV charging infrastructure, or the management of electricity used by EV charging infrastructure.

Section 76: Strata councils will be able to grant short-term exclusive use of parking stalls for longer than one year for “a prescribed class of parking stalls”. (To be brought into force by regulation. The prescribed class will likely include parking stalls used for EV charging.)

Adding Part 5, Division 6: Alterations to Common Property to Install EV Charging Infrastructure for Owner. When brought into force by regulation this section will include:

Section 90.1: The details that must be included in an owner’s request. (To be brought into force by regulation.)

Section 90.2: Will set out many conditions and criteria that a council may consider when reviewing an owner’s request. For example, the strata may consider the capacity of, and current and anticipated demands on, the strata corporation’s electrical system.

If conditions are met, the strata will not be able to unreasonably refuse the request but may require the owner to agree in writing to conditions. Conditions may include the strata’s approval of infrastructure, contractors, material, and a requirement to modify or replace the alteration in the event that the strata corporation installs other EV charging infrastructure for the benefit of the owners. (To be brought into force by regulation.)

Section 90.3: If the owner’s request is approved, council will be able to allow the owner to make the alteration, or the strata may make the alteration and require the owner to pay for it in advance. (To be brought into force by regulation.)

See VISOA’s videos and resources about Electric Vehicle Charging in Stratas.

Download the new workbook Planning EV Charging for your Condominium Strata Corporation

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