Friday April 25, 2025
What is the Strata Property Act?
The Strata Property Act is British Columbia’s primary legislation that governs the creation, operation, and management of strata corporations. It sets out the rules for how strata developments are registered, how governance is structured, and the responsibilities of owners and council members.In addition to explaining how strata corporations are expected to operate, the Act also explains how rules and bylaws are created, how decisions are made, and how disputes can be addressed. It provides clarity for owners, guidance for councils, and structure for day-to-day community governance.
This article is not intended to and does not constitute legal advice or create an attorney-client relationship. Strata council members should consult their corporation’s attorney to discuss the legal implications of their decisions or actions prior to proceeding.Who enforces the Strata Property Act in BC?
The Strata Property Act is enforced primarily through strata corporations, with additional oversight and dispute resolution provided by the Civil Resolution Tribunal (CRT), an online tribunal with legal authority to resolve strata disputes.Every strata corporation in BC is a legal entity created when a strata plan is registered with the Land Title and Survey Authority (LTSA) of BC. Once established, it’s up to the strata corporation’s elected strata council to uphold the rules and responsibilities outlined in the Act. That includes managing finances, enforcing bylaws, organizing meetings, and maintaining common property. If disputes arise that can’t be resolved within the community, owners or councils may have the option to bring the issue to the CRT.
While the provincial government administers the legislation, it does not directly monitor or intervene in the operations of individual strata corporations. Instead, the system is built on local governance, owner participation, and legal support through established channels like the CRT.
What is the AGM of the Strata Property Act?
The Annual General Meeting (AGM) is a required yearly meeting where the strata corporation presents key updates, reports, and decisions to all owners.This meeting typically includes:
- Approval of the annual operating budget
- Election of strata council members
- Presentation of the depreciation report (if applicable)
- Review of financial statements
- Discussion of any special resolutions or major upcoming projects
What are strata bylaws and rules?
Strata bylaws and rules are sets of policies that govern life within the community and must align with the Strata Property Act. Bylaws are broader in scope and typically cover areas like noise restrictions, pet rules, rental limits, and the use of common property. Rules, on the other hand, usually address day-to-day use of specific amenities such as the gym, pool, or guest parking.If a strata corporation doesn’t create its own bylaws, the Standard Bylaws provided in the Act typically apply by default. Strata corporations may adopt or amend bylaws through a vote at a general meeting, typically requiring a three-quarters majority to pass.
Bylaws and rules must be enforced fairly and consistently. If they conflict with provincial legislation or human rights protections, they may be subject to challenge or deemed unenforceable. To avoid legal issues or resident dissatisfaction, many strata councils in BC work closely with professional strata management companies and legal advisors when reviewing or introducing new rules.
What are strata fees and what do they cover?
Strata fees are monthly payments made by owners that fund the ongoing operation and upkeep of the strata. Fees are usually calculated based on unit entitlement, which reflects each strata lot’s share of the total property. They are approved annually as part of the operating budget and typically cover:- Maintenance and repair of common areas
- Insurance
- Utilities for shared spaces
- Contributions to the Contingency Reserve Fund (CRF)
- Management and administration services
What is a strata council and what do they do?
The strata council is a group of owners elected by fellow owners to represent the strata corporation and carry out its duties. Strata councils are responsible for overseeing the corporation’s affairs between general meetings. Their duties may include hiring contractors, managing the budget, maintaining records, addressing complaints, enforcing bylaws, and communicating with owners.Many councils choose to work with professional strata management companies to streamline operations, access expert advice, and stay ahead of legal and regulatory changes. This relationship can help councils focus on decision-making while experienced managers handle day-to-day operations.
What happens if there are disputes in a strata corporation?
Strata disputes are often resolved internally, but if needed, they can be brought to the Civil Resolution Tribunal for resolution. Common disputes might include disagreements over bylaw enforcement, noise complaints, allocation of expenses, or access to records. The strata council or strata manager may mediate and help resolve issues informally.When internal efforts aren’t successful, some owners or councils may choose to bring their dispute to the Civil Resolution Tribunal (CRT), an independent, online tribunal with legal authority to resolve strata-related matters. While it's one of the available legal pathways, many strata corporations prefer to resolve concerns within the community through collaboration, communication, and guidance from experienced professionals.