The B.C. Legislature enacted the Strata Titles Act in 1966. A second Strata Titles Act replaced the first in 1974. The name of the legislation has changed several times over the years. It was changed to the Condominium Act in 1979. July 1, 2000, the Strata Property Act replaced the Condominium Act.
The Ministry of Finance had responsibility for strata legislation until July 2009 when responsibility for strata legislation was transferred to the Housing Policy Branch in the Office of Housing and Construction Standards. The branch has been with several ministries, currently it is with the Ministry of the Attorney General and Minister Responsible for Housing.
The leaky condo crisis is an ongoing construction, financial and legal crisis in Canada. It primarily involves multi-unit condominium (or strata) buildings damaged by rainwater infiltration in the Lower Mainland and Vancouver Island regions of coastal BC. In BC alone an estimated $4 billion in damage has occurred to over 900 buildings and 31,000 individual housing units built between the late 1980s and early 2000s.
The Commission held public hearings and had over 700 written submissions. The report was issued June 16, 1998, and made 82 specific recommendations.
In 1999, a second Commission of Inquiry into the Quality of Condominium Construction part II was established following collapse of the construction industry-run and financed New Home Warranty of British Columbia Inc. (NHWBC).
By 2003, the B.C. Homeowner Protection Office had identified about 65,000 leaky condos across the province. The Canada Mortgage and Housing Corporation defines leaky condos as a "catastrophic failure" of building envelopes, which lets water into the building frame and leads to rot, rust, decay and mould. The crisis was caused by a combination of poor design and shoddy construction during a building boom.
In 2014, a second wave of the leaky condo crisis appeared. » Read 'Leaky condo crisis rears its head in BC', Vancouver Sun
» Read '20 years after B.C. inquiry into the leaky condo crisis, it's still buyer beware', CBC
Leaky condo buildings still remain in the Lower Mainland, Kelowna and Vancouver Island because they were never properly repaired. Tony Gioventu, of CHOA warns, "Despite those improvements, Gioventu said up to 200 leaky condo buildings still remain in the Lower Mainland, Kelowna and Vancouver Island because they were never properly repaired.
"Those buildings are out there and people need to be incredibly cautious," he warned.''
Gioventu advises prospective homeowners to hire a certified building inspector to thoroughly check the property, and to ensure it has a reliable depreciation report.
British Columbia’s Civil Resolution Tribunal Act (2012) established a dispute resolution body, the Civil Resolution Tribunal (CRT). The Civil Resolution Tribunal Act was amended in 2015. The Tribunal was implemented in phases, starting with the early intake of strata disputes in July 2016 and on June 1, 2017 and began resolving most small claims up to $5,000. The Civil Resolution Tribunal Act was further amended January 1, 2019.
From the CRT website: 'The CRT is an administrative tribunal, not a court. But like a court, the CRT is part of the public justice system, its tribunal members are independent and neutral, and it is required to apply the law and make enforceable decisions.'
While the CRT is required to make 'enforceable' decisions, applications must file the order with the Supreme Court of BC at additional cost ($200+)