Disputes With Your Strata in BC: From Council Hearing to the CRT

A fine you think is wrong, a leak the strata will not fix, a bylaw applied unevenly: disputes with a strata corporation can sour daily life in your home. Owners often want to know how to sue the strata, but suing is rarely the first step.

BC law sets out a sequence: a council hearing, then usually the Civil Resolution Tribunal, with the Supreme Court for certain claims. Here is how each route works and where people go wrong.

Three routes, and why order matters

Most disputes between an owner or tenant and a strata corporation can travel down one of three paths:

• A hearing before strata council, under section 34.1 of the Strata Property Act.
• A claim at the Civil Resolution Tribunal (CRT), BC's online tribunal for strata property disputes.
• A petition or action in the BC Supreme Court, which is needed for some issues and is an option for others.

They are not interchangeable. The hearing is usually the first step, the CRT handles most strata claims, and the Supreme Court is reserved for certain remedies the CRT cannot give. Picking the wrong forum, or skipping a step, can cost months.

Step one: request a council hearing

Any owner or tenant can ask for a hearing at a council meeting by applying in writing and stating the reason for the request. Once a hearing is requested, section 34.1 requires council to hold a meeting to hear you within four weeks. If you are asking council to decide something, it must give you a written decision within one week after the hearing.

A hearing is more than a formality. It lets you put your position on the record, ask council to reverse a fine or reconsider a decision, and sometimes resolve the issue without a claim. A few practical points:

• Put the request in writing and keep a copy. Say clearly what you want council to decide.
• Prepare as you would for a short meeting. Bring the relevant bylaw, correspondence, photos or invoices, and keep your presentation focused.
• Ask for the decision in writing and note the date you receive it.

The hearing also matters because of section 189.1. An owner or tenant generally cannot start a CRT claim against the strata unless they have requested a council hearing under section 34.1, or the CRT has directed that the requirement does not apply.

Fines and bylaw complaints: the strata must follow its own process

If the dispute is about a bylaw fine, a charge for the cost of fixing a contravention, or being denied use of a recreational facility, section 135 sets out steps the strata must take first. It must have received a complaint, given you the particulars in writing, and given you a reasonable opportunity to answer, including a hearing if you ask for one. If you are a tenant, notice must also go to your landlord and the owner. The strata must then give written notice of its decision as soon as feasible.

When those steps were skipped or rushed, that is often the core of the dispute, and it is something both council and the CRT will look at closely.

Step two: the Civil Resolution Tribunal

Under section 121 of the Civil Resolution Tribunal Act, the CRT has jurisdiction over strata claims about:

• the interpretation or application of the Strata Property Act, the regulations, the bylaws or the rules;
• common property and common assets;
• the use or enjoyment of a strata lot;
• money owing, including fines;
• actions, threatened actions and decisions of the strata corporation or council in relation to an owner or tenant; and
• the exercise of voting rights by a person holding 50% or more of the votes at a general meeting.

The CRT can order a party to do something, to stop doing something, or to pay money. Under section 123, it can also make orders needed to prevent or remedy a "significantly unfair" action, decision or exercise of voting rights. The process runs online through negotiation, then facilitation, and then, if the dispute is still not resolved, a decision by a tribunal member.

Parties at the CRT generally represent themselves (section 20 of the Act), although the tribunal can permit representation, including by a lawyer, in some situations. Many owners still get legal advice behind the scenes to frame the claim, gather evidence and prepare submissions.

When the Supreme Court is the right place

Section 122 of the Civil Resolution Tribunal Act lists strata matters the CRT cannot decide because they belong to the Supreme Court. Examples include court-appointed administrators for a strata corporation, the forced sale of a strata lot to collect money owing, and special levy resolutions that received more than half but less than three-quarters of the votes. The CRT also cannot order the sale of a strata lot.

The Supreme Court also has its own general powers. Under section 164 of the Strata Property Act, an owner or tenant can apply for an order to prevent or remedy a significantly unfair action, threatened action or decision of the strata or council. Section 165 lets the court order a strata to perform a duty or stop contravening the Act, bylaws or rules. Court is slower and more formal, and the cost risk is higher, so it is usually chosen for urgent injunctions, complex claims, or remedies outside the CRT's reach. Our article on choosing between the CRT, small claims and Supreme Court explains the wider picture.

Common traps

• Waiting too long. The Limitation Act applies to CRT claims as well as court proceedings (section 13 of the Civil Resolution Tribunal Act), and the basic period is two years from when the claim is discovered, so the clock may already be running. See our guide to the two-year limitation period.
• Paying a disputed fine or charge without objecting in writing. Keep a dated record of what you disputed and why.
• Suing individual council members. Disputes are usually with the strata corporation itself.
• Assuming a "significantly unfair" claim is easy. Owners often see unfairness where the law sees a reasonable decision they disagree with.
• Relying on emails alone. Minutes, bylaws, registered rules and correspondence are your evidence, so request and keep them.

In a dispute with your strata? Get advice on the right route first

Our litigation lawyers can review your bylaws, fines and correspondence, help you prepare for a council hearing, and advise on a CRT claim or Supreme Court proceeding against a strata corporation.

Call 604-259-2844 or send us a message to arrange a consultation at our Vancouver office.