Can a Strata Evict an Owner in BC?
A BC strata can't evict an owner from a unit they own — but as a last resort it can force the sale of the lot to collect unpaid fees. Here's how that works.
No — a BC strata corporation cannot evict an owner from a strata lot they own. What it can do, as a genuine last resort, is force the sale of the lot through the BC Supreme Court to recover money the owner legitimately owes, such as unpaid strata fees or special levies. Evicting a tenant is a separate matter with its own rules.
The short version: owners can't be evicted, but a lot can be sold
"Eviction" is a tenancy concept — it's what happens to a renter. As an owner, you hold title to your strata lot, and no bylaw, council vote, or fine can strip you of that or throw you out. Even the most frustrated council has no power to evict an owner.
The serious remedy the Act does provide is a forced sale: if you owe the strata money it's entitled to collect and won't pay, the strata can ask the court to order your lot sold and the debt paid from the proceeds. It's rare, it's expensive, and it's used only when other collection efforts have failed — but it's real.
When can a strata force a sale?
The path runs through the Act's lien and sale provisions:
- The lien (section 116). When an owner falls behind, the strata can register a Certificate of Lien against the strata lot in the Land Title Office. The lien secures the debt against the property, much like a mortgage.
- The court order for sale (section 117). Once a lien is registered, the strata can apply to the BC Supreme Court for an order to sell the lot. If judgment for the amount owing hasn't already been obtained, the court can try that issue too. Crucially, the court considers all the circumstances before ordering a sale — it isn't automatic.
If the court orders the sale, the debt, interest, and the strata's reasonable legal costs come off the top, and the owner receives whatever is left after the mortgage and other charges are paid.
What a lien can — and can't — cover
This matters, because a strata can't lien for everything:
- A lien CAN secure: unpaid strata fees, special levies, the strata's share of an insurance deductible you're responsible for, and money the strata spent doing work you were ordered to do and didn't. Interest can be added if your bylaws allow it.
- A lien CANNOT secure: user fees (like a move-in fee), unpaid fines, or the cost of remedying a bylaw contravention.
So if the dispute is really about bylaw fines, a forced sale generally isn't on the table — the strata has to collect those a different way.
Can they force me out over bylaw breaches?
No. Persistent noise, an unauthorized pet, or parking in the wrong spot won't cost you your home. For owner bylaw breaches, the strata's tools are:
- Fines, following the fair-process steps in section 135 (written complaint, chance to respond, hearing on request). Standard maximums are $200 per bylaw contravention and $50 per rule, unless your bylaws set different amounts, and a continuing contravention can generally be fined only once every seven days.
- A CRT order requiring you to comply with the bylaw or to stop the contravention.
- In limited cases, recovering the cost of fixing a problem you caused after due process.
These can add up and be enforced through the CRT, but none of them is an eviction.
Evicting a tenant is different
If the person causing problems is a tenant, not the owner, the strata has a specific power. Under section 138, a strata can end a tenancy — effectively evict the tenant — for a repeated or continuing contravention of a reasonable and significant bylaw or rule that seriously interferes with others' use and enjoyment of the property. The strata does this by giving notice to end tenancy under the Residential Tenancy Act. The owner-landlord, meanwhile, remains fully responsible to the strata for fees and for the tenant's conduct.
If you're the owner facing this
If you're behind and a lien or sale is being threatened, act early:
- Talk to the strata now. Most stratas will accept a reasonable payment plan; a signed plan is far cheaper for everyone than court.
- Dispute a genuine error promptly — through a council hearing or the CRT — rather than ignoring notices.
- Get advice if a court application is filed. By the section 117 stage, the numbers (and legal costs) are serious. A strata lawyer can help you protect your equity and, often, halt the sale by clearing the debt.
The key takeaway: your home is secure as long as you pay what you properly owe and address disputes instead of ignoring them.
Frequently asked questions
Can a strata take my condo for unpaid strata fees? Not directly, but it can register a lien and apply to the BC Supreme Court to force a sale of the lot to recover unpaid fees or special levies. The court weighs all the circumstances first, so early payment or a payment plan usually resolves it well before that point.
Can a strata evict me for breaking the bylaws? No. Owner bylaw breaches are handled with fines and CRT compliance orders, not eviction. Only a tenant can be evicted, and only under the specific conditions in section 138.
Can a strata fine me into losing my home? Unpaid fines can't be secured by a lien, so they don't lead to a forced sale on their own. The strata would pursue fines through the CRT as a debt instead.
Related reading
- Strata Bylaw Enforcement & Fines in BC: How to Do It Right
- Can't Afford a Strata Special Levy? Options for BC Owners
- Grounds to Evict a Tenant in BC: A Landlord's Guide
- Your Rights as a Strata Owner in BC
Clean collections and fair enforcement keep everyone out of court. See how Onehive manages strata communities. Onehive manages strata and rental communities under 150 units across BC. Request a proposal.
This article is general information about the BC Strata Property Act framework, not legal advice. Forced sales and evictions are serious legal steps — consult a strata lawyer or the CRT about your specific situation.