Running a Small Strata | Disputes and CRT
Strata Disputes and the CRT in BC
Most strata disputes in BC go to the Civil Resolution Tribunal (CRT), an online tribunal that hears strata claims of any amount for $125 to file online and $100 for a final decision. An owner or tenant must first ask council in writing for a hearing. A short list of matters, such as a forced sale of a lot or appointing an administrator, goes to the BC Supreme Court instead. This page covers each step, what the tribunal can and cannot decide, suing the strata, and disputes in a building with 2 to 6 owners.
The short answer
- 01The Civil Resolution Tribunal (CRT) is BC's online tribunal. It hears most strata disputes, with no dollar limit: the CRT says it takes strata claims "of any amount".
- 02Filing costs $125 online or $150 by mail, and a final decision costs $100 more. Answering a claim is free online or $25 by mail.
- 03An owner or tenant must first ask council in writing for a hearing, unless the tribunal says that step is not needed (Strata Property Act s.189.1, s.34.1).
- 04The tribunal can order a party to do something, stop doing something, or pay money, and can stop a "significantly unfair" action by the strata or council (Civil Resolution Tribunal Act s.123).
- 05Some matters go only to the BC Supreme Court: a forced sale of a lot, an administrator, a court-appointed voter, a conflict of interest claim against a council member, unit entitlement and winding up (CRTA s.122).
- 06You can sue your strata corporation (s.163(2)). A council member who acts honestly and in good faith is not personally liable (Standard Bylaw 22).
Step one: ask council for a hearing
Before an owner or tenant can file with the tribunal, they must ask for a council hearing under section 34.1, unless the tribunal directs that the step does not apply (s.189.1). Write the request, give the reason, and say whether you want a decision. Council must meet to hear you within 4 weeks, and must give a requested decision in writing within 1 week after the hearing.
Deliver the letter by handing it to a council member, mailing it to the strata's address on file at the Land Title Office, emailing an address the strata or a council member gave for notices, or putting it in the strata's mailbox. Mail, email and mailbox delivery count as given 4 days later (s.63). Keep a copy and the date. The strata council page explains how council meetings work.
What the tribunal can decide
Section 121 of the Civil Resolution Tribunal Act gives the tribunal strata claims about:
- ✓What the Strata Property Act, the Regulation, the bylaws or the rules mean, and how they apply
- ✓Common property and common assets
- ✓The use or enjoyment of a strata lot
- ✓Money owing, fines included
- ✓An action, a threatened action or a decision of the strata or council toward an owner or tenant
- ✓How a person holding 50% or more of the votes used them at a general meeting
It can order a party to do something, to stop doing something, or to pay money. In claims about actions, decisions or voting, it can make an order against the strata, the council or a person holding 50% or more of the votes to stop or fix a "significantly unfair" action (CRTA s.123). The Province lists "unfair, arbitrary or non-enforcement of strata bylaws" among the claims it hears.
What goes to the Supreme Court instead
The tribunal cannot hear a claim that the Supreme Court can deal with under these sections of the Strata Property Act (CRTA s.122). It also cannot order a strata lot sold (s.123(3)).
| Matter | Strata Property Act |
|---|---|
| A council member's conflict of interest | s.33 |
| Overriding one holdout on a unanimous vote (10 or more lots only) | s.52 |
| Appointing someone to vote for a lot | s.58 |
| Removing liens after a purchase from the developer | s.89, s.90 |
| Forced sale of a lot to collect money owing | s.117 |
| Orders after a decision not to rebuild | s.160 |
| Approving a safety levy that got more than 1/2 but less than 3/4 | s.173(2) |
| Appointing an administrator | s.174 |
| Changing the Schedule of Unit Entitlement | s.246 |
| Cancelling the strata plan and winding up the strata | s.272, s.273.1, s.278.1, s.279, s.284 |
The tribunal's own strata page adds that it does not take claims about harassment, bullying or slander. The tribunal also has no power over a claim that the parties all agreed to send to arbitration (CRTA s.122(2)(b)). Arbitration is open to owners and tenants under section 177 of the Strata Property Act.
How a tribunal claim moves
Ask council for a hearing
No feeWrite to council, give your reason and ask for a hearing. Council must meet to hear you within 4 weeks, and if you asked for a decision, give it in writing within 1 week after (s.34.1). A hearing is a chance to be heard in person at a council meeting (Regulation s.4.01).
File the claim
$125 online, $150 by mail. Answering: free online, $25 by mailApply to the tribunal and give notice to the other party. The other party then answers.
Case management
IncludedA case manager works with the parties to settle. This can be in writing, by phone, by video or by email (CRTA s.25). The case manager can give a view of how the claim would likely end, which neither side can show the tribunal later (s.27). An agreement can become a consent order, which counts as a final decision (s.26).
Tribunal decision
$100If the claim does not settle, a tribunal member decides it. Hearings are usually in writing, by phone or by video; an in-person hearing happens only when the tribunal finds it necessary (s.39).
Enforcing the order
Court stepA final decision can be filed in the Supreme Court and then has the same force as a court judgment (s.57).
Parties represent themselves unless the rules allow a representative, a party is a child or has impaired capacity, or the tribunal allows it in the interests of justice and fairness (CRTA s.20). A party who disagrees with a final decision can ask the Supreme Court for judicial review within 60 days (s.56.6).
Time limits still apply. The Limitation Act covers tribunal claims (s.13), and its clock stops once you ask the tribunal to resolve the claim (s.13.1). The Province says unpaid strata fees and levies are generally not collectable after 2 years under the Limitation Act. Fees are from the tribunal's fee page; check it before filing.
Can I sue my strata council?
The Act lets an owner sue the strata corporation (s.163(2)), and the tribunal hears claims about the actions and decisions of the strata and its council (CRTA s.121(1)(e), (f)).
Council members owe the strata a duty to act honestly and in good faith in its best interests, with the care of a reasonably prudent person (s.31). A member with an interest in a contract must disclose it and stay out of the vote (s.32). If they do not, the strata or an owner can apply to court, unless owners ratify the contract by a 3/4 vote after full disclosure (s.33). In return, a member who acts honestly and in good faith is not personally liable for council decisions, though they still pay their share of any judgment against the strata as an owner (Standard Bylaw 22).
An owner who sues the strata does not share the cost of its defence (s.167(2)) or legal costs a court or arbitrator orders the strata to pay, and loses the right to see the strata's documents about the suit (s.169). If the strata pays the owner's claim, that owner does not share the cost of the payment (s.169(2)). The same rules apply at the tribunal (s.189.4). A judgment against the strata is a judgment against all owners, shared by unit entitlement (s.166).
When the strata goes after an owner
Before it fines an owner or tenant, the strata must have a complaint, give the person its details in writing, and give them a chance to answer, including a hearing if asked (s.135). The bylaws page covers fine limits.
For unpaid strata fees, special levies, the cost of certain work and a lot's share of a judgment, the strata can register a lien on the lot. It cannot register a lien for fines or the cost of fixing a bylaw breach (s.116). Once a lien is registered, the strata can ask the Supreme Court to order the lot sold (s.117). The tribunal cannot make that order.
To sue an owner in court, the strata needs a 3/4 vote at a general meeting first, and the owner being sued does not vote on it (s.171(2), (3)). Section 189.4 lists the suit rules that also apply at the tribunal, and that 3/4 vote rule is not on the list.
Disputes in a 2 to 6 unit strata
These rules matter most in a small building:
- With fewer than 4 lots or 4 owners, every owner is on council (Standard Bylaw 9). A council member accused of a bylaw breach can then take part in deciding it (s.136(2)).
- In a 2-lot strata the president has no tie-breaking vote, at council or at a general meeting (Standard Bylaws 18(2), 27(6)).
- A 3/4 vote counts the votes cast by eligible voters present who do not abstain (s.1). In a 2-lot or 3-lot strata one no vote blocks it. In a 4-lot strata 3 of 4 pass it.
- If an owner stays away and a meeting has no quorum, it adjourns one week, and then the voters present are the quorum (s.48(3)).
- No court can override one holdout on a unanimous vote under 10 lots (s.52).
One owner's unpaid fees are a larger share of the budget. In a 4-lot strata where each lot has the same unit entitlement, each lot pays 1/4 of the budget (s.99). If one owner stops paying, the strata receives 3/4 of its planned income until the debt is collected.
The tribunal has heard claims between the two owners of a 2-lot strata, for example about seawall repairs when both owners were the council (2017 BCCRT 26), changes one owner made without approval (2018 BCCRT 448), and a front-yard fence, stairs and porch tiles (2023 BCCRT 340). Read each decision for its result.
Other tools exist: a voluntary dispute resolution committee if every party agrees (Standard Bylaw 29), arbitration (s.177), a court-appointed voter (s.58), and a court-appointed administrator (s.174). The deadlock page sets out each one for a 2 or 3 unit strata.
Best For
- ✓ Owners who put each request to council in writing, keep the date, and wait the 4 weeks before filing.
- ✓ Small stratas chasing unpaid strata fees, where the amount is real but a lawsuit would cost more than it brings in.
- ✓ An owner in a 2 or 3 owner strata who needs an outside decision because the council is the other owner.
Usually Fails When
- ✕ The owner skips the council hearing. The tribunal can refuse the claim until it is done (s.189.1).
- ✕ The real goal is to end the strata or force a sale, which only the Supreme Court can order.
- ✕ The claim waits too long. The Limitation Act applies to tribunal claims (CRTA s.13).
What To Verify Before Spending Money
- → That your claim is inside the list in CRTA s.121 and outside the court-only list in s.122.
- → The date you asked council for a hearing, and the date of its written decision.
- → The current fees on the tribunal's fee page before you file.
Common questions
What is the CRT for strata in BC? +
The Civil Resolution Tribunal (CRT) is the BC tribunal that hears most strata property disputes, online and with no dollar limit. It can decide claims about the Act, bylaws and rules, common property, use of a lot, money owing, decisions of the strata or council, and voting by someone holding 50% or more of the votes (Civil Resolution Tribunal Act s.121). Filing costs $125 online.
What can the Civil Resolution Tribunal do in a strata dispute? +
It can order a party to do something, to stop doing something, or to pay money (CRTA s.123(1)). In claims about a strata or council action or decision, or about voting by someone with 50% or more of the votes, it can also make orders to stop or fix a "significantly unfair" action (s.123(2)). It cannot order a strata lot sold (s.123(3)).
Can I sue my strata council? +
You can sue the strata corporation (Strata Property Act s.163(2)) or bring a claim against it to the Civil Resolution Tribunal about an action or decision of the strata or its council, after first asking council for a hearing (s.189.1). A claim that a council member had a conflict of interest goes to the Supreme Court (s.33). A council member who acts honestly and in good faith is not personally liable (Standard Bylaw 22).
Is there a dollar limit on CRT strata claims? +
No. The CRT's strata page says it hears strata claims "of any amount". The Act sets the list of claim types it hears (CRTA s.121), and that list has no dollar cap.
How much does it cost to take a strata dispute to the CRT? +
$125 to file online or $150 by mail, plus $100 if you ask for a final decision. Answering a claim is free online or $25 by mail. These are the fees on the CRT's fee page; check it before you file.
Do I need a lawyer at the CRT? +
Usually you represent yourself. The Act says parties represent themselves unless the tribunal's rules allow representation, the party is a child or has impaired capacity, or the tribunal allows it in the interests of justice and fairness (CRTA s.20). A strata corporation must act through a person the Act or the tribunal's rules allow (s.20(5)).
Do I have to ask council for a hearing before going to the CRT? +
Yes, as an owner or tenant. You must first request a council hearing under section 34.1, unless the tribunal directs that the step does not apply (s.189.1). Council must hold the hearing within 4 weeks of your written request.
Can the CRT force a sale or wind up the strata? +
No. The tribunal cannot order a strata lot sold (CRTA s.123(3)), and it has no power over the forced sale, administrator, unit entitlement or winding-up sections of the Strata Property Act (CRTA s.122). Those go to the BC Supreme Court.
What is a significantly unfair action? +
It is the test the tribunal and the Supreme Court use when a strata, its council, or a person holding 50% or more of the votes treats an owner or tenant unfairly (CRTA s.123(2); Strata Property Act s.164). The Act does not define the words, so each case turns on its facts.
How do I enforce a CRT strata decision? +
File a validated copy of the order in the BC Supreme Court. Once filed, it has the same force as a Supreme Court judgment, and the usual court steps to collect apply (CRTA s.57).
Can I appeal a CRT strata decision? +
Not by appeal, for claims started on or after January 1, 2019 (CRTA s.123.1). A party can ask the BC Supreme Court for judicial review, which must be started within 60 days of the decision unless the court extends the time (CRTA s.56.6).
Is there a time limit for a strata claim? +
Yes. The Limitation Act applies to tribunal claims as it does to court claims (CRTA s.13), and the clock stops once you ask the tribunal to resolve the claim (s.13.1). The Province says unpaid strata fees and levies are generally not collectable after 2 years under the Limitation Act.
Who pays the strata's legal costs if I sue the strata? +
Not you. An owner who sues the strata does not share the cost of the strata's defence (s.167(2)) and does not share in legal costs a court or arbitrator orders the strata to pay (s.169(1)). The same rules apply at the tribunal (s.189.4).
Do I need a strata lawyer in Vancouver for a dispute? +
For most tribunal claims, parties represent themselves (CRTA s.20). A lawyer becomes more relevant for matters only the Supreme Court decides, such as a forced sale, an administrator, a conflict of interest claim or a winding-up. We do not recommend firms. Lawyer fees are quoted per case and no published figure exists.
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