British Columbia Law

Strata Disputes in BC: What Owners Need to Know

By Andrew Liggett, Sea to Sky Law, New Westminster, BC

Many British Columbians live in a strata property — a condo, townhouse, or bare-land strata. Strata living means shared walls, shared costs, and shared rules. It also means shared conflict. Disputes between owners and strata corporations are among the most common property law issues in BC, and they range from noisy neighbours and parking violations to $50,000 special levies and construction defects.

Here is a practical guide to strata disputes in BC — what they involve, how the process works, and when you need a lawyer.

The Legal Framework: The Strata Property Act

BC strata corporations are governed by the Strata Property Act (SPA) and the Strata Property Regulation. The SPA sets out the rights and obligations of strata owners, tenants, and strata corporations. Every strata also has its own bylaws and rules, which can add further restrictions — provided they do not conflict with the SPA.

Common strata bylaw topics include:

• Noise and nuisance
• Pet restrictions (number, size, breed)
• Short-term rental restrictions (Airbnb)
• Renovation approvals
• Parking and storage assignments
• Move-in and move-out fees

The Civil Resolution Tribunal (CRT)

Since 2016, most strata disputes in BC must go to the Civil Resolution Tribunal (CRT) rather than court. The CRT is an online dispute resolution body with exclusive jurisdiction over strata property claims up to $50,000 and shared jurisdiction for larger amounts.

In 2024, the CRT's jurisdiction was expanded to include complaints under BC's *Intimate Images Protection Act* — allowing people to seek orders through the CRT for the removal of non-consensually posted intimate images online.

The CRT process has three stages:

1. Negotiation — parties attempt to resolve directly through the CRT's online system
2. Facilitation — a CRT facilitator assists with settlement
3. Tribunal decision — a tribunal member hears submissions and makes a binding decision

CRT decisions can be enforced in the same way as court orders. You can represent yourself, but for larger disputes or those involving construction defects, legal advice is worthwhile.

Common Strata Disputes

Bylaw Enforcement

Strata councils can fine owners for bylaw violations — currently up to $1,000 per week under the SPA (subject to the strata's own bylaws). If you receive a fine you believe is unfair, you can dispute it internally first (request a hearing from the strata council), and then escalate to the CRT.

Special Levies

A special levy is a one-time charge on all owners to fund a major expense — a new roof, elevator replacement, or drainage repairs. Special levies require a 3/4 vote at a general meeting (or unanimous vote for certain amounts). If you believe a levy was improperly approved, a lawyer can review the meeting minutes and voting record.

Depreciation Reports and Contingency Reserve Fund

Strata corporations are required to have a depreciation report (unless they vote to waive it annually by 3/4 vote). A poorly funded Contingency Reserve Fund and an ignored depreciation report often precede a large special levy. Owners can challenge strata decisions that fail to properly plan for major repairs.

Repair and Maintenance Disputes

The SPA and your strata's bylaws define which repairs are the strata corporation's responsibility and which fall to individual owners. Disputes often arise over water damage — is a leak from the strata's common property (strata's responsibility) or from the owner's unit (owner's responsibility)?

Short-Term Rentals

Many strata corporations have passed bylaws restricting or prohibiting Airbnb and other short-term rentals. If your strata has such a bylaw and you are renting short-term, you may face fines. If you believe the bylaw was improperly passed, a lawyer can review whether the SPA's procedures were followed.

Resolving Disputes Without the CRT

Before heading to the CRT, consider:

• Mediation: A neutral mediator can help both sides reach a settlement. Many strata disputes settle at mediation, saving time and cost.
• Internal hearing: The SPA gives owners the right to a hearing before the strata council before any fine takes effect.
• Strata AGM: Significant policy changes can be voted on at annual general meetings. If a majority of owners share your concern, change can happen through the democratic process.

When You Need a Lawyer

Most minor strata disputes can be handled without a lawyer. But legal advice is worth the cost when:

• The dispute involves more than $10,000
• A construction defect affects multiple units
• The strata is threatening or has initiated foreclosure proceedings
• You are facing repeated bylaw fines and the strata is escalating
• You believe the strata council is acting in bad faith or in breach of fiduciary duty

FAQs

Who handles strata disputes in BC?

Most strata disputes go to the Civil Resolution Tribunal (CRT), which has exclusive jurisdiction over strata property claims up to $50,000. Larger claims may go to BC Supreme Court.

Can a strata corporation fine me for bylaw violations?

Yes. Under the Strata Property Act, strata corporations can fine owners up to $1,000 per week for continuing violations, subject to their own bylaws. You have the right to a hearing before a fine takes effect.

What is a special levy and can I refuse to pay it?

A special levy is a one-time charge to fund major strata expenses. If properly approved by 3/4 vote, it is legally binding on all owners. Refusing to pay can result in enforcement action including a lien on your property.

Can I take my strata dispute to court instead of the CRT?

For most strata disputes under $50,000, the CRT has exclusive jurisdiction — you cannot go to court instead. For larger amounts, you can go to BC Supreme Court, though the CRT also has shared jurisdiction for some of those claims.

This article is general information, not legal or tax advice. Meetings are by appointment only, by phone or secure video.