Some stratas require owners to purchase homeowner insurance and to provide a copy of the policy to the strata council each year. They even made it in the Bylaws. Is this enforceable?
A strata corporation is not concerned with the personal liabilities of an owner, resident, or tenant, and cannot compel owners to safeguard their personal liabilities. Homeowner insurance is not mandatory in BC. According to the Strata Property Act, a strata corporation must insure the entire building for 100% only. Consequently, a strata corporation cannot compel owners to purchase homeowner insurance. A strata corporation has no interest in the personal liabilities of an owner, resident or tenant, and cannot force owners to protect their personal liabilities. Therefore, a strata corporation cannot force owners to buy homeowner insurance.
Aside from homeowner’s insurance, what about occupants who are not owners, such as tenants or family members? If the owners do buy homeowner’s insurance, should they provide a copy to the strata corporation? Will the strata council review the policy to ensure it provides sufficient coverage? And will they notify an owner if there is a defect, error, or exemption in the homeowner’s policy? In this case, the strata may end up taking on additional liability.
See the legal opinion in the following link:
Condo Smarts: Can strata council insist on seeing private policies? – Victoria Times Colonist
