Can a BC strata skip its AGM? Waivers under section 41
Duplexes and small stratas often ask whether they really need to book a room and send notices to hold a meeting of four people. The Act has an answer, but the conditions are strict.
Last reviewed November 10, 2026, against the current Strata Property Act, Strata Property Regulation and Standard Bylaws on BC Laws.
The short answer
Yes, but only if every eligible voter agrees in writing. Under section 41 of the Strata Property Act, a strata corporation does not have to hold its annual general meeting if, before the deadline for the meeting, all eligible voters waive the meeting in writing and consent in writing to resolutions that approve the budget, elect a council by acclamation, and deal with any other business. One missing signature means the AGM must be held.
What section 41 says
The strata corporation does not have to hold an AGM if, before the last date by which the meeting must be held, all eligible voters waive, in writing, the holding of the meeting and consent, in writing, to resolutions that:
- approve the budget for the coming fiscal year,
- elect a council by acclamation, and
- deal with any other business.
If two or more people share one vote for a strata lot, such as spouses who co-own, all of them must sign. The deadline is the usual one: two months after the fiscal year end (section 40). See the AGM deadline.
Who it works for
The waiver is realistic only where every owner can be reached and agrees.
- Duplexes, triplexes and fourplexes, where owners talk regularly.
- Small commercial stratas with a handful of owners.
- Stratas where one owner holds every lot.
In a building of 40 lots it almost never works: one owner who is away, unwilling or in dispute with the strata stops it. A tenant or mortgagee who holds the right to vote for a lot counts as the eligible voter for that lot.
StrataMinutes can take this off your plate. Every decision on this page has to end up in the minutes, with the vote. Send us your notes or a recording and we prepare the minutes for you. Your first month is free.
How to do it properly
- Prepare the package. The proposed budget and financial statement, the names of the council members to be elected by acclamation, and the exact wording of any other resolution.
- Write the waiver and consent. One document stating that the undersigned eligible voters waive the holding of the annual general meeting for the fiscal year and consent to the attached resolutions.
- Collect every signature before the two-month deadline. Signed copies returned by email are commonly used. Keep them all.
- Record it. File the signed waiver, the resolutions and the budget with the strata's minutes. Treat the document as the minutes of that year's AGM.
- Tell owners their fees. Inform owners of any change to strata fees resulting from the new budget.
Sample wording
We, being all of the eligible voters of The Owners, Strata Plan EPS 1234, waive the holding of the annual general meeting for the fiscal year ended December 31, 2026, under section 41 of the Strata Property Act, and consent to the following resolutions: (1) that the budget for the fiscal year ending December 31, 2027, attached as Schedule A, is approved; (2) that A. Brooks and J. Singh are elected to council by acclamation; (3) that the insurance report attached as Schedule B is received.
What a waiver cannot do
- It cannot be done by majority. "Most of us agreed" is not a waiver.
- It cannot be signed after the deadline to cure a missed AGM.
- It does not remove the need for a budget, a council, or records. All three must be in the written resolutions.
- It does not waive later duties, such as the insurance review, depreciation report obligations where they apply, or record keeping.
Waiving a special general meeting
The same idea applies to special general meetings. Under section 44, the strata does not have to hold an SGM to consider a resolution if all eligible voters waive the meeting in writing and consent in writing to the resolution. Small stratas use this to pass a bylaw amendment or approve a special levy without convening. The threshold is higher than at a meeting: a 3/4 vote at a meeting counts only votes cast, but a section 44 waiver needs everyone.
Separately, section 45 lets a meeting go ahead without proper notice if all persons entitled to notice waive notice in writing. That is a waiver of notice, not of the meeting.
Why the paper still matters
Small stratas that never meet often have no records at all, and discover the problem when one owner sells. A buyer's lawyer will ask for minutes, the budget, proof of insurance and the bylaws. A signed section 41 waiver each year, with the budget attached, answers most of those questions in one document. Our guide to minutes for small stratas has more.
Questions councils and owners ask
Can a strata skip the AGM if nobody wants to attend?
No. The AGM can be waived only if all eligible voters sign a written waiver and consent to the required resolutions under section 41.
Does a duplex strata have to hold an AGM?
Yes, unless both owners (and any co-owners) sign a section 41 waiver each year. Most duplexes use the waiver.
Can the waiver be signed electronically or by email?
The Act requires the waiver and consent to be in writing. Signed copies returned by email are widely used. Keep each one with the strata's records.
What if one owner refuses to sign?
Then the strata must hold the AGM with proper notice.
Do we still need minutes if the AGM is waived?
Keep the signed waiver and resolutions as that year's record in place of minutes.
Small strata, proper records
A waived AGM still needs a written record. StrataMinutes prepares minutes and resolutions for small stratas from your notes, so your duplex or fourplex has the paperwork buyers and lenders ask for.
Free for 30 days, then $29 a month. Cancel anytime.
For a 30-lot strata, that is under $1 a lot each month. Have the strata pay: free council approval kit.
This page is general information for BC strata corporations, not legal advice. Your strata's own filed bylaws may differ from the Standard Bylaws. See the current text of the Strata Property Act and the Strata Property Regulation on BC Laws.
Related guides
Small Stratas
Duplex Stratas
AGM Deadline
Unanimous and 80% Votes
Meeting Notice
Annual Budget