- A 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.
- Ordinary fines are capped at $200 per bylaw contravention and $50 per rule contravention, with higher caps for short-term rental bylaws.
- Once a Civil Resolution Tribunal claim or court proceeding has begun, a disputed amount can be paid in trust so a Form F can be issued.
Getting a fine from your strata, or being harmed by a council decision, can feel one-sided. The good news is that the Strata Property Act sets steps the strata must follow before it can fine you, and a fine that skips those steps can be challenged.
This article explains the fine rules and the records you can use. It does not set out the Civil Resolution Tribunal's filing steps, fees or time limits, because those should be confirmed directly with the Tribunal or a lawyer before you rely on them. Acting early is sensible in any case.
This article covers the law of British Columbia.
What the strata must do before fining you
Under sections 130 to 135 of the Act, the 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.
- Was there a complaint?
- Did you receive written particulars of what you are said to have done?
- Were you given a reasonable chance to respond, and a hearing if you asked for one?
- Does the bylaw or rule actually say what the strata claims?
How large can a fine be?
| Type of fine | Cap |
|---|---|
| Ordinary bylaw contravention | $200 per contravention |
| Rule contravention | $50 per contravention |
| Short-term rental bylaw | Up to $1,000 per contravention, imposed daily for continuing contraventions |
A bylaw is unenforceable to the extent it contravenes the Act, regulations, Human Rights Code or other law. If you think the bylaw behind your fine is invalid, say so in your written response.
If a tenant is fined, the fine may be collected from the tenant, the landlord and the owner up to the total fine.
Fines, liens and selling your unit
The strata may register a lien for unpaid strata fees, special levies, certain work reimbursements or the lot's share of a judgment, but no lien may be registered for fines or remedy costs. Even so, a Certificate of Payment (Form F) may include amounts owing for fines and remedy costs.
If a debt is disputed, once arbitration, a Civil Resolution Tribunal claim or court proceedings have begun, the disputed amount may be paid into court or to the strata in trust, which allows a Form F to be issued despite the dispute. The Form F must be issued within one week of a request if the owner owes nothing, a debt has been paid into court or to the strata in trust, or satisfactory arrangements are made.
Gathering evidence for a dispute
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. Records the strata must keep include minutes of meetings, bylaws and rules, correspondence, budgets and financial statements. Copies are capped at 25 cents per page and inspecting records is free.
The Land Title Office general index shows filed bylaw amendments, court orders and special resolutions. These can help you confirm which version of a bylaw was in force when the alleged contravention occurred.
What to do next
- Respond in writing within the time given and ask for a hearing if you want one.
- Request the complaint, minutes and bylaws in writing and keep copies.
- Keep photos, messages and witness details related to the incident.
- Confirm the filing steps, fees, time limits and possible outcomes directly with the Civil Resolution Tribunal, or with a lawyer, before filing.
- If you are selling, ask early about a Form F and whether paying a disputed amount in trust makes sense.
Frequently asked questions
Can the strata fine me without a hearing?
The strata must give you written particulars and a reasonable opportunity to answer, including a hearing if you request one. If you want a hearing, ask for it in writing.
How much can a strata fine me?
Ordinary fines are capped at $200 per bylaw contravention and $50 per rule contravention. A strata short-term rental bylaw can set fines up to $1,000 per contravention.
Will a disputed fine block my sale?
It can complicate it, because a Form F may include amounts owing for fines. Once a Civil Resolution Tribunal claim or court proceeding has begun, the disputed amount may be paid in trust so a Form F can be issued.
How long do I have to file a claim?
Time limits depend on the type of claim, so confirm them with the Civil Resolution Tribunal or a lawyer as soon as you receive a fine or decision you want to challenge.
Sources
- Strata Property Act (BC Laws), Part 4 — bclaws.gov.bc.ca
- Strata Property Regulation, B.C. Reg. 43/2000 — bclaws.gov.bc.ca
- Province of BC – Paperwork for buyers and sellers — www2.gov.bc.ca
- Strata Property Act (BC Laws), Part 6 — bclaws.gov.bc.ca
- Province of BC – Strata short-term rental bylaws — www2.gov.bc.ca
- Strata Property Act (BC Laws), Part 7 — bclaws.gov.bc.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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