Resolving Strata Disputes in BC: A Practical Process for Owners and Councils
- stratablog
- Jul 30
- 5 min read
Disagreements are a normal part of strata living. Noise, parking, pets, smoking, renovations, maintenance responsibilities and the use of common property can all create friction. The problem is not that disagreements happen; it is when a small issue turns into months of emails, personal accusations or inconsistent bylaw enforcement.
The most effective approach is to identify the type of dispute early and use the right process. A neighbour-to-neighbour concern may be solved informally. A possible bylaw breach requires a fair enforcement process. A disagreement with a council decision may require a formal council hearing or, ultimately, the Civil Resolution Tribunal (CRT).
1. Start by defining the issue
Before deciding what to do, separate the facts from the frustration. Ask:
What happened, and when?
Is it a one-time incident or a recurring problem?
Is there a bylaw or rule that actually applies?
What evidence is available?
What outcome would reasonably solve the problem?
Example: “There is always noise from Unit 12” is difficult to investigate. “Loud music was audible in our bedroom on July 12, 14 and 16 from approximately 11:30 p.m. to 1:00 a.m.” gives council something specific to review.
2. Check the current bylaws and rules
Do not assume that a long-standing practice is enforceable. Under the Strata Property Act, the Standard Bylaws apply unless different bylaws have been filed in the Land Title Office. Rules have a narrower purpose and may govern the use, safety and condition of common property and common assets but not strata lots. [1]
For owners, this means checking the actual wording before making a complaint. For council, it means identifying the specific bylaw or rule before sending an enforcement notice. “We have always done it this way” is not a substitute for an enforceable provision.
3. Use informal resolution when it is appropriate
The BC Government encourages people to try to resolve concerns within the strata where possible. Depending on the circumstances, that might mean a respectful conversation, a written request for clarification, or an informal discussion with council. [2]
For a minor neighbour issue, a direct conversation can be faster and less adversarial than a formal complaint. However, no resident should feel required to confront another person where there is threatening, aggressive or intimidating behaviour.
A useful goal is not to “win” the disagreement. It is to identify a workable result: reduce the noise, move the vehicle, stop the prohibited activity, repair the damage or clarify who is responsible for the next step.
4. When a bylaw complaint is made, council must follow a process
Bylaw enforcement is different from informal conflict resolution. Section 26 of the Strata Property Act places responsibility for enforcing bylaws and rules on council. Before certain enforcement measures can be imposed, Section 135 requires a complaint, written particulars of the complaint and a reasonable opportunity for the owner or tenant to answer it, including a hearing if requested. Council must then provide written notice of its decision as soon as feasible. [3]
A practical enforcement file should normally show the following sequence:
Complaint received. Record what is alleged to have happened and the relevant dates or evidence.
Bylaw or rule identified. Confirm that the provision is current and applies to the conduct complained of.
Written notice sent. Provide the alleged offender with enough detail to understand and answer the complaint.
Response considered. Do not decide the outcome before the owner or tenant has had a reasonable opportunity to respond.
Council decides. Determine whether a contravention occurred and, if so, what enforcement action is appropriate.
Written decision issued. Document the result and any warning, fine, compliance deadline or other authorized action.
Important: receiving a complaint does not prove a violation. Council must consider the information provided by both sides. The Province also notes that, under the Standard Bylaws, a strata property manager cannot decide whether a person contravened a bylaw or determine whether a fine should be imposed; those decisions remain with council. [3]
5. Make documentation useful, not excessive
Good records help council make consistent decisions and become important if the dispute continues. Depending on the issue, useful records can include the original complaint, incident logs, photographs, relevant correspondence, enforcement notices, responses, hearing requests and written decisions.
For recurring complaints, an incident log is often more useful than repeated emotional emails. Record the date, approximate time, duration, location and what was personally observed. Avoid speculation about motives or character.
Council should also think about privacy. The Province notes that information released during bylaw enforcement must be handled in a way that respects both the Strata Property Act and BC’s Personal Information Protection Act. [3]
6. Know when to request a council hearing
An owner or tenant can request a hearing at a council meeting by applying in writing and stating the reason for the request. Under Section 34.1 of the Strata Property Act, council must hold the hearing within four weeks. If the purpose of the hearing is to obtain a council decision, council must provide the applicant with a written decision within one week after the hearing. [4]
A hearing is most effective when the request is focused. Bring the relevant facts, documents, applicable bylaw or statutory provision if known, and a clear explanation of the decision or action being requested.
7. If the dispute is still unresolved, consider the next forum
Some disputes cannot be resolved internally. The CRT has jurisdiction over most strata property claims in BC, including many disputes involving bylaws, council decisions, common property, nuisance, maintenance and money owing. The CRT’s free Solution Explorer can help identify possible options before a claim is filed. [5]
For an owner or tenant who wants to start a CRT strata claim, Section 189.1 of the Strata Property Act generally requires that they first request a council hearing under Section 34.1, unless the CRT directs otherwise. [6]
Legal, engineering, accounting or other professional advice may also be appropriate when the dispute turns on a technical issue, a significant financial exposure, competing interpretations of the legislation, or a matter outside council’s expertise.
A better way to think about conflict resolution
A good strata process does not guarantee that everyone will agree with the outcome. It should, however, make it clear what the issue was, what information was considered, which bylaw or legal requirement applied, who made the decision and what happens next.
For most strata disputes, the practical sequence is: define the issue → check the bylaws → try an appropriate informal solution → document the concern → follow the formal enforcement or hearing process → obtain professional help or use the CRT where necessary.
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