Condo Smarts: Can the council ask to see the BC vaccination cards?

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Dear Tony:

Our strata council has issued a notice demanding the release of vaccine passports. The Council insists that this is a security measure. You have not provided any evidence from where you obtain this authority, what you intend to do with the information, how you intend to collect this information, who will have access to these records, or whether you plan to prevent access to the facilities.

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The City Council claims to have a legal opinion to support this decision, but is unwilling to provide a copy to any of the owners and there are no new rules or statutes published. At a minimum, because this is a request for personal information, should a special general meeting be called to consider an amendment to the bylaws approved by the owners?

Our strata corporation is not a business; we are a residential community and we cannot be denied access to our shared building or facilities.

– Claire W., Richmond

Dear Claire:

A strata corporation does not have the authority to enforce provincial orders unless legislation or orders identify this form of housing; however, there may be conditions that the corporation must comply with. There are many variations of strata corporations throughout the province, including commercial and commercial, and orders can apply to those operations. Strata corporations must comply with their bylaws unless an order is issued to the contrary.

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With regard to attendance at general meetings, if the strata corporation is convening the meeting within its community, whether in a club room or outdoors, it must comply with the limits imposed by the orders; however, with the ability of strata corporations to hold meetings electronically until December 31, 2001, why would anyone put their owners in such danger?

If your stratum corporation is using a public place for a meeting, such as a hotel or community room, that business may need to request the vaccination card for meetings of more than 50 people, but now we have the problem of whether to fulfilled that capacity, if we are compromising the voting rights of the owners or proxies and if this is consistent with the bylaws.

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We also have the current vaccine order issue that runs through January 31, 2022, but the electronic voting provision only runs through December 31, 2021. As of January 1, we may have a Situation where strata corporations that have not adopted a Bylaws are required to hold meetings in person, but the provisions on the vaccine requirement prevent the corporation from complying with its own bylaws.

One solution is for the provincial government to amend the Strata Ownership Act and standard bylaws to allow electronic meetings and address the issues of secret ballots, ending the uncertainty of orders for the many strata corporations that have not adopted such. statutes.

The fourth wave is happening. Electronic meetings are an easy solution for meetings, business can be conducted safely, and anyone who is still uncomfortable with the process has the right to assign their proxy to a neighbor.

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The BC vaccination card is required for the following: “Events organized indoors with 50 or more people, for example: wedding receptions and funerals (outside of a funeral home), organized parties, conferences, trade shows and workshops” Gymnasiums, dance / exercise facilities / studios and these activities that are performed in recreational facilities. “

There are many unknown issues with the vaccine card application at the moment. A strata corporation will collect and collect personal information, and this may require an amendment to the privacy statutes to allow the collection of this information and how the information is managed, accessed, and purpose. Add to this the execution application. Who supervises the collection and management of the data? The exercise becomes overwhelming for the more sophisticated community, and likely leaves your stratum corporation open to challenge from a Human Rights or Civil Settlement Court if landlord / tenant rights are compromised.

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Residents are likely to have the lowest risk, while the daily influx of visitors, delivery drivers, contracts, and service providers who meet a much larger general public will pass through their hallways, elevators, and common areas without the obligation to disclose any. information.

Safe practices are still the best option. Adopt rules to require masks in all common areas for all users. Set gym use to single-use cycles, ensure social distancing is maintained for any type of gathering, use electronic meetings whenever possible to reduce contact, continue contact tracing when possible, and make sure to your air circulation systems to perform at their best.

To learn more, CHOA will host a webinar panel at noon on September 28 to update corporations and strata managers on the fourth wave of COVID-19.

Tony Gioventu is Executive Director of the Condominium Owners Association. Send an email to [email protected].