Section 61 of the Strata Property Act, SBC 1998, c.43 provides rules for delivery of notices or records by a strata corporation.
If an owner has provided a strata corporation with an address outside of the strata plan for receiving notices and other records or documents, notice may only be delivered:
- by leaving it with the owner
- by mailing it to the address provided
If an owner has not provided the strata corporation with an address outside the strata plan for receiving notices and other records or documents, the strata corporation may deliver notice:
- by leaving it with the owner
- by leaving it with an adult occupant of the person’s strata lot,
- by putting it under the door of the person’s strata lot,
- by mailing it to the person at the address of the strata lot,
- by putting it through a mail slot or in a mail box used by the person for receiving mail,
- by faxing it to a fax number provided by the person, or
- by emailing it to an email address provided by the person for the purpose of receiving the notice, record or document.
Where a notice or other record or document is left with an owner, it has been delivered. Where any other permitted delivery method is used (eg. email, fax or postal mail), it will be “conclusively deemed to have been given 4 days after” it is left or sent.
The 4 days are calculated under section 25(5) of the Interpretation Act, RSBC 1996, c.243, which requires that the first day be excluded and the last day included.
So, unless the notice is delivered in person, it will be deemed to have been delivered on the fourth day after is was sent, left with an occupant, emailed, etc.
