The Increasing Complexity of Strata Management Part 2 – Employees
Managing Employees in Strata Corporations: The Expanding Role of Strata Managers
As we wrote about in Part 1 of this series, the role of a strata manager has never been more complex. The role of strata managers in British Columbia has significantly evolved, especially as employment laws and workplace regulations have become increasingly stringent. Traditionally, strata managers focused on property maintenance, finances and resolving resident concerns. However, today’s regulatory landscape has transformed their responsibilities, requiring them to navigate complex human resources (HR) tasks, ensure compliance with legal requirements, and manage the growing expectations of Strata Councils, which are often composed of laypersons with limited HR expertise.
Before beginning, it’s critical to note that while your strata manager is the point person for all of these issues, we are agents for the strata corporation and work at the discretion of the strata council. It is the strata corporation/client that is primarily responsible and importantly, liable, for the work being actioned and/or the supervisory requirements detailed below being addressed. However, as agent, the strata manager is often seen to be “in authority” for this work and though we carry out your instructions it is ultimately the strata council and strata corporation that is responsible for governance at your property- including employee management and human resources matters.
This post highlights the critical role that strata managers now play in managing employees within strata corporations, emphasizing the need for these managers to develop specialized knowledge and dedicate significant time to these tasks. The focus will be on key challenges such as implementing anti-bullying and harassment policies, managing aging employees, ensuring compliance with human rights considerations, and dealing with the complexities of larger building staffs. Additionally, we will explore the necessity of adopting formal HR practices, like progressive discipline plans, to highlight the increasing complexity of employee management within strata corporations.
The Strata Manager’s Role in Enforcing Anti-Bullying and Harassment Policies
Anti-bullying and harassment policies are not just best practices—they are legal necessities for the protection of all workers in a strata corporation, whether they are direct employees or external contractors. Many Strata Councils may assume that if they do not have direct employees, these policies are unnecessary. However, under WorkSafeBC definitions, the strata property itself is considered a workplace. This means that any tradespeople, contractors, or service providers who attend the property are entitled to a safe working environment free from bullying and harassment. The policies needed for these are complex and generally require the benefit of legal advice.
The responsibility to enforce these policies often falls on the strata manager. When a complaint is filed, the manager is typically the first point of contact, responsible for documenting the issue, guiding the process, and ensuring that the complaint is handled according to legal standards. This process can be time-consuming and requires a formal, professional approach, especially when third-party investigators or legal counsel are involved. Strata managers must be well-versed in the legal requirements and best practices for handling these situations, as the financial penalties for failing to adequately protect workers can be severe.
Additionally, strata managers are often tasked with implementing formal HR practices such as progressive discipline plans. These plans are essential for addressing employee misconduct or performance issues in a structured manner, ensuring that any disciplinary actions are fair, consistent, and legally defensible. Progressive discipline typically involves a series of steps, such as verbal warnings, written warnings, suspension, and ultimately termination if the behavior or performance does not improve. Each step requires careful documentation and communication, which places additional demands on the strata manager’s time and expertise.
Managing Aging Employees and Accommodation Needs
Another growing challenge for strata managers is managing aging employees, particularly resident caretakers who may no longer be physically capable of performing their duties as they once did. The need to accommodate these employees while ensuring that the building’s operational needs are met is a delicate balancing act that requires both legal knowledge and practical problem-solving skills.
Accommodations might involve altering the employee’s duties, providing assistive devices, or modifying work schedules. Strata managers are often responsible for facilitating these accommodations, which requires understanding the legal framework provided by the Human Rights Code and other relevant legislation. This responsibility can be particularly challenging in situations where the strata council is unsure of the legal requirements or when financial resources are limited.
Strata managers must also ensure that these accommodations are documented and implemented in accordance with best HR practices. For example, if an aging employee can no longer handle physically demanding tasks like hauling garbage bins, the strata manager might need to arrange for alternative support while ensuring that the employee’s new role is clearly defined and communicated. This might also involve revisiting the employee’s job description, conducting performance reviews, and making necessary adjustments—all of which add to the complexity of the strata manager’s role.
Navigating Human Rights Considerations
Strata managers also play a crucial role in ensuring that their strata corporation complies with human rights legislation. This includes managing situations where employees request accommodations due to disabilities, religious practices, or other protected characteristics. The COVID-19 pandemic particularly highlighted some of these challenges- many of you will have navigated complexities around masking and vaccinations.
Navigating these requests requires a deep understanding of human rights law, as well as the ability to communicate effectively with both the employee and the strata council to find a workable solution.
The stakes are high in these situations, as failing to accommodate an employee appropriately can lead to legal action, damaging the strata corporation’s reputation and resulting in financial penalties. Strata managers must ensure that they are up-to-date on the latest legal developments and that they have the time and resources to handle these situations effectively.
Moreover, when disputes or misunderstandings arise, the strata manager is often required to step in as a mediator or to initiate formal disciplinary processes, which can include progressive discipline plans. The need to conduct these processes “by the book” is critical, as any missteps can result in significant legal and financial repercussions for the strata corporation.
The Growing Size and Complexity of Building Staffs
As strata corporations grow larger and more complex, the number of employees required to manage these properties has increased. Larger buildings with amenities such as concierge services, fitness centers, and 24-hour security need more staff to operate smoothly. Managing this growing workforce is another area where the role of the strata manager has expanded.
In the past, managing employees might have been a small part of a strata manager’s job. Today, it is a significant responsibility that includes overseeing scheduling, payroll, conflict resolution, performance reviews, and ensuring compliance with employment laws. Each of these tasks requires time, expertise, and a commitment to ongoing professional development.
While we want to ensure that all employee management is done “by the book,” current practices in many strata corporations remain quite lax. This laxity is often due to a combination of limited resources and a lack of awareness about the legal implications of improper employee management. However, as case law develops and more strata corporations encounter issues with their staff, it is becoming increasingly clear that more professional involvement from our industry will be required. Strata managers will need to take a more hands-on approach, ensuring that all HR practices, including performance reviews and progressive discipline, are conducted in full compliance with the various governing laws at play.
The challenge is further compounded as the number of employees in larger buildings increases. What once might have been a few minutes or hours worth of work each month to manage employees now demands far more time. For instance, conducting employee performance reviews, which may seem like a straightforward task, can take hours per employee when done correctly. This process involves gathering feedback from supervisors and colleagues, meeting with the employee to discuss their performance, preparing written documentation, and making decisions about compensation and future goals. In a large building with many employees, this can become a time-consuming part of the strata manager’s role.
Moreover, as strata corporations become more like professional organizations than informal businesses, the expectations placed on strata managers increase. This professionalization process is essential for ensuring compliance with regulations and protecting the strata corporation from potential legal risks. Strata managers are now expected to be the primary point of contact for all employment-related issues, ensuring that the corporation is compliant with laws, that employees are treated fairly, and that any potential risks are mitigated. This expanded role requires ongoing training, access to legal resources, and a significant investment of time and effort.
The Professionalization of Strata Management
The increasing complexity of employee management within strata corporations is driving the professionalization of strata management. As regulations tighten and the risk of litigation grows, strata corporations can no longer afford to operate like small, informal businesses. Instead, they must adhere to strict legal standards and best practices, requiring strata managers to develop a high level of expertise in employment matters and HR management.
This professionalization is not optional; it is a necessity in today’s regulatory environment. Strata managers must be equipped with the tools and knowledge they need to navigate these challenges, and strata councils must be willing to invest in the necessary resources to support them. This includes reducing portfolio sizes, increasing management fees, and providing ongoing professional development opportunities for strata managers.
Conclusion: The Essential Role of Strata Managers in Employee Management
As the complexity of employee management continues to grow, the role of the strata manager will only become more essential. Strata councils will need to be proactive in supporting their managers, recognizing the value they bring to the table, and providing them with the tools they need to succeed. By doing so, they can ensure that their corporation is well-positioned to navigate the challenges of the modern workplace and to thrive in an increasingly complex legal and regulatory landscape.
