Disputing a Strata Fine or Decision at the CRT in British Columbia

Being fined by your strata, or having a council decision go against you, is stressful. You may want to challenge it but not know where to start or whether the fine was even allowed.

This article explains what a fine must look like to be valid, how to build your evidence, and where the Civil Resolution Tribunal fits. Exact tribunal steps, fees and time limits change, so confirm them before you act.

This article covers the law of British Columbia.

First, check whether the fine followed the rules

Most disputes turn on process. The strata's bylaws must state a maximum fine, and the strata may fine only after receiving a complaint, giving written particulars and giving you a reasonable opportunity to answer, including a hearing if you request one.

The amount also matters. Ordinary fines are capped at $200 per bylaw contravention and $50 per rule contravention, while a short-term rental bylaw can set fines up to $1,000 per contravention, imposed daily for continuing contraventions.

If the fine relates to a tenant's behaviour, a tenant's fines may be collected from the tenant, landlord and owner up to the total fine. It is worth checking who the fine was actually issued to and whether each person received proper notice.

• Was there a complaint, and did you get written particulars?
• Were you given a real chance to answer, and a hearing if you asked for one?
• Does the fine exceed the maximum in the bylaws or the regulation caps?
• Is the bylaw itself enforceable? A bylaw is unenforceable to the extent it contravenes the Act, the regulations, the Human Rights Code or other law.

Gather your evidence

An owner, or a person the owner authorizes in writing, can request strata records, and the strata must comply within 2 weeks, or one week for bylaws and rules. The strata must keep records such as minutes, bylaws and rules, correspondence and financial statements. Inspecting records is free, and copies are capped at 25 cents per page.

Owners are entitled to minutes of council, AGM and SGM meetings, bylaws and rules, financial statements, and repair and maintenance information. The Land Title Office general index shows filed bylaw amendments, court orders and special resolutions, which can help you confirm which bylaws were in place when the fine was issued. Former owners can request records for the period they owned.

Ask for the council minutes where your fine or decision was discussed, the complaint, the notice sent to you and any hearing notes. Keep your own emails, photos and dates in one folder.

Where the Civil Resolution Tribunal fits

The Strata Property Act recognizes that a dispute can proceed through arbitration, a Civil Resolution Tribunal claim or court proceedings. Which route suits you depends on the claim you make and the facts of your situation, so it is worth confirming with a lawyer before you choose.

How the tribunal process applies to your claim depends on your situation, so it is worth confirming the current steps, fees, forms and time limits before you act. Check its current guidance, or ask a lawyer, before you file, because missing a time limit can end a claim. This article does not give those details.

What you can and cannot expect

No one can promise an outcome, and how a dispute turns out depends on the facts, so it is worth confirming with a lawyer. A useful way to organize your records is around the points listed earlier: whether the process was followed, whether the fine is within the caps and whether the bylaw is enforceable. Strong records and a clear timeline help.

Money still matters while a dispute is open. If you owe strata fees or other debts, a strata may register a lien for unpaid fees and special levies, but not for fines or remedy costs. A Certificate of Payment (Form F) may include amounts owing for fines and remedy costs, which can come up if you are selling.

If a disputed amount is in play after arbitration, a tribunal claim or court proceedings have begun, it may be paid into court or to the strata in trust, which allows a Form F to be issued despite the dispute.

If you are selling while a fine is unresolved, the strata must issue a Form F within one week of a request by an owner or purchaser if the owner owes nothing, any debt has been paid into court or to the strata in trust, or satisfactory arrangements are made. The certificate is current for 60 days, and its fee is capped at $15.

What to do next

• Write down the date of the complaint, notice, hearing and fine.
• Request the minutes, bylaws, rules and correspondence in writing.
• Compare the fine with the maximum in the bylaws and the caps.
• Respond to the strata in writing and ask for a hearing if you want one.
• Check the tribunal's current steps, fees and time limits, or speak with a lawyer, before filing.

Frequently asked questions