Strata Disputes in BC: Fines, Hearings and the Civil Resolution Tribunal

A noise complaint, a dog in the hallway or a car in the wrong stall can turn into a fine, a council hearing and sometimes a tribunal claim. Here is how bylaw enforcement works under BC's Strata Property Act, what your rights are when the strata fines you, and how the Civil Resolution Tribunal decides disputes that council can't settle.

The short version

How bylaw enforcement works

Council enforces the bylaws and rules. Under the Standard Bylaws, it can't hand a property manager the decision on whether someone broke a bylaw or should be fined.

Enforcement starts with a complaint. Council can give a warning or time to comply first. If it goes further, it has three tools:

• A fine against an owner or tenant, within the limits below.
• Fixing the problem itself, such as removing an object from common property, and charging the reasonable cost to the person responsible.
• Denying use of a recreational facility, such as a pool or gym, for a reasonable time, if the bylaw or rule broken relates to that facility.

Your right to answer, and to a hearing

Before the strata fines you, charges you the cost of fixing a breach or denies you a facility, it must:

• have received a complaint about the contravention;
• give you the particulars of the complaint in writing, and tell the landlord and owner too if you are a tenant;
• give you a reasonable opportunity to answer, including a hearing if you ask for one;
• give you its decision in writing as soon as feasible.

The Strata Property Regulation defines a hearing as a chance to be heard in person at a council meeting. A council member who is the subject of the complaint can't take part in the decision, unless every owner sits on council.

Separately, any owner or tenant can apply to council in writing, stating the reason, for a hearing at a council meeting. Council must hold it within four weeks, and if you asked for a decision, give it to you in writing within one week after the hearing.

Fines and their limits

• The maximum. A strata's bylaws must set its maximum fines. Under the Strata Property Regulation, they can't exceed $200 for each contravention of a bylaw or $50 for a rule, or $1,000 for a bylaw that limits or bans short-term accommodation. A strata using the Standard Bylaws can fine up to $50 for a bylaw and $10 for a rule.
• Continuing contraventions. Once the strata has followed the complaint process, it can fine you again for the same ongoing breach without repeating it, but no more often than every seven days, or every day for a short-term rental bylaw.
• Who pays. An owner can be fined for their own breaches, their visitors' and, if the unit isn't rented out, its occupants'. If a tenant is fined, the strata can collect from the tenant, the landlord or the owner, up to the amount of the fine.
• Collecting. A strata can't register a lien against your unit for fines, as it can for unpaid strata fees, but it can claim them at the tribunal or in court. Unpaid fines can also be included on the Certificate of Payment (Form F) a seller needs. If you dispute them, you can pay the amount to the strata in trust once a claim has started, and the strata must then issue the certificate.

Common strata disputes

• Noise and nuisance. The Standard Bylaws bar using a unit or common property in a way that causes a nuisance, unreasonable noise or unreasonable interference with others.
• Pets. Stratas can restrict pets by bylaw, but a new ban doesn't apply to a pet already living there lawfully.
• Parking. Council can generally give an owner exclusive use of a common property stall for up to a year at a time, and cancel it on reasonable notice.
• Repairs and leaks. The strata repairs common property, and under the Standard Bylaws it also looks after the structure and exterior, while owners maintain the rest of their unit. When an owner is responsible for a loss, the strata can recover its insurance deductible from them without proving negligence.

What the Civil Resolution Tribunal can decide

The Civil Resolution Tribunal, or CRT, can decide claims about the interpretation of the Act, the regulations, bylaws and rules, common property, the use and enjoyment of a strata lot, money owing (including fines), and actions or decisions of the strata or council that affect an owner or tenant.

• No dollar limit. The Civil Resolution Tribunal Act sets no monetary cap on strata claims.
• The usual forum. Because the tribunal is treated as having specialized expertise, a court will generally dismiss a strata claim the CRT can hear, unless the interests of justice and fairness require otherwise.
• Its orders. It can order a party to do something, stop doing something or pay money, and can remedy a significantly unfair action or decision by the strata or council.
• Its limits. It can't order a strata lot sold, appoint an administrator, wind up a strata or change unit entitlement. Claims about a council member's conflict of interest go to court, and landlord and tenant disputes under the Residential Tenancy Act go to the Residential Tenancy Branch.

How a claim works, and what it costs

• The claim. Start with the CRT's free Solution Explorer, then apply online and serve a Dispute Notice. The other side has 14 days from receiving it to respond, or 30 if received outside BC, and if they don't, you may get a default decision.
• Negotiation and facilitation. The parties try to agree on the CRT's platform, then with a case manager's help. An agreement can be turned into an enforceable order.
• A decision. If there is no agreement, an independent tribunal member decides.
• Fees. A strata claim costs $125 online or $150 by email or mail, a response is free online, and a tribunal decision costs $100. Individuals with low incomes can ask for a fee waiver, and the tribunal can order the losing side to repay the winner's fees and reasonable expenses.
• Lawyers. Parties generally represent themselves, though the tribunal can allow a lawyer in some cases.

Expect months rather than weeks, although many claims settle along the way.

Enforcing an order, or challenging one

• Enforcing. If the other side doesn't comply, you can file a validated copy of the order in the BC Supreme Court, where it has the same force as a judgment. An order for money within the small claims limit can be filed in Provincial Court instead.
• Challenging. A party who disagrees with a decision can apply to the BC Supreme Court for judicial review, generally within 60 days. For strata claims, the court won't usually interfere unless the decision was patently unreasonable or the process was unfair.

Before you file

• Read the bylaws that apply. A bylaw amendment has no effect until it is filed at the Land Title Office, a rule lapses at the next annual general meeting unless owners ratify it, and a bylaw that conflicts with the Act or the Human Rights Code can't be enforced.
• Raise it, then put it in writing. Start with a polite word, then write to council so everyone has the same information. Keep a record of dates, times, photos and messages.
• Request a council hearing. An owner or tenant generally can't start a CRT claim without first requesting a council hearing, unless the tribunal allows it.
• Consider a committee. Under the Standard Bylaws, both sides can agree to refer the dispute to a dispute resolution committee, which helps but can't impose a result.
• Watch the clock. Under BC's Limitation Act, most claims must be started within two years of when the problem was discovered. Making a CRT claim stops that clock.

Questions owners often ask me

How much can a strata fine me in BC?

Up to the maximum in your strata's bylaws, which can't be more than $200 for each bylaw contravention or $50 for a rule, or $1,000 for a short-term rental bylaw. Under the Standard Bylaws, the maximums are $50 and $10.

Can my strata fine me without a hearing?

Not if you ask for one. The strata must give you the complaint in writing and a reasonable opportunity to answer it, including a hearing if you request it, before it fines you.

Can a strata put a lien on my condo for unpaid fines?

No. Liens are for unpaid strata fees, special levies and a few other amounts, not fines. The strata can still collect fines through the tribunal or the courts, and they can hold up the Certificate of Payment you need when you sell.

How much does it cost to take a strata dispute to the CRT?

Making a claim costs $125 online or $150 by email or mail, and a tribunal decision costs $100. Responding online is free, and individuals with low incomes can ask for a fee waiver.

Can I appeal a CRT strata decision?

Not in the usual sense. You can apply to the BC Supreme Court for judicial review, generally within 60 days of the decision, and the court won't usually interfere unless the decision was patently unreasonable or the process was unfair.

Looking at a strata home? Read what strata bylaws can say about rentals, pets and age, the strata documents to read before you buy and how strata deductibles work.

This article is general information, not legal advice. If you are facing a fine or a claim, speak with a lawyer. The rules come from the Strata Property Act and its regulation, the Civil Resolution Tribunal Act and the CRT's own pages, current at the time of writing. For the Province's guide, see enforcing strata bylaws and rules.