Strata Bylaw Enforcement & Fines in BC: How to Do It Right

BC strata councils can enforce bylaws by imposing fines, remedying the contravention, or denying access to a recreational facility — but only after following Section 135 of the Strata Property Act exactly: a written complaint, a real chance to respond, and a hearing if the owner asks. Skip a step and the fine can be thrown out.

Enforcement is a process, not a reaction

The most common reason strata fines get overturned isn't that the owner was innocent — it's that the council didn't follow the process. BC courts and the Civil Resolution Tribunal (CRT) treat the Section 135 requirements as strict. Do them properly and your fines will stick. Cut a corner and you may have to refund every dollar.

Here's how to do it right.

Step 1: make sure the bylaw or rule actually exists

You can only enforce a bylaw or rule that is genuinely in force:

• Bylaws must be filed at the Land Title Office to have effect.
• Rules must relate to the use of common property or common assets, and be ratified by owners at the next AGM to continue.
• The bylaw has to be enforceable in the first place. Fining under a rental cap or a sub-55 age restriction won't work — those are dead. (See unenforceable strata bylaws.)

Step 2: receive and consider a complaint

Enforcement starts with a complaint — from a resident, a manager, or council's own observation. Council should record it: what happened, where, when, and who's affected. A vague "people are complaining" isn't enough to build an enforceable case.

Council also has discretion. It doesn't have to fine for every trivial breach, but it should enforce consistently — selectively punishing one owner while ignoring others invites a "significant unfairness" claim.

Step 3: give written notice and a chance to respond (Section 135)

This is the legal heart of enforcement. Before imposing a fine, doing remedial work, or denying a facility, the strata must:

1. 1.Give the owner (or tenant) the particulars of the complaint in writing — enough detail that they know exactly what they're accused of, and which bylaw or rule is involved.
2. 2.Give them a reasonable opportunity to answer, including a hearing if they request one.
3. 3.If the alleged offender is a tenant, also notify the landlord (owner) in writing.

Then, after considering the response, council must give its decision in writing, as soon as feasible.

There's no fixed minimum notice period in the Act, but "reasonable" is the standard — most councils allow around two weeks to respond.

Step 4: hold a hearing if asked

If the owner or tenant requests a hearing, council must hold one — and under Section 34.1, within four weeks of the request. A hearing is just a chance to be heard at a council meeting; it doesn't have to be a formal trial. Keep minutes.

Step 5: decide, then notify in writing

After the response window (and any hearing), council decides whether the contravention happened and what to do. Communicate the decision in writing. If you're imposing a fine, state the bylaw, the amount, and that further fines may follow if the contravention continues.

How much can you fine?

The Strata Property Regulation sets the ceilings, and your bylaws can set the same amounts or lower — never higher:

• Bylaw contravention: up to $200, and up to once every 7 days while it continues.
• Rule contravention: up to $50, up to once every 7 days while it continues.
• Short-term rental bylaw: up to $1,000 per day.

A strata can only fine up to the amount its own bylaws specify (within those caps). If your bylaws are silent on the amount, you can't invent one.

What the contravention notice must contain

Section 135 prescribes no form, but it does prescribe an outcome: the owner or tenant receives the particulars of the complaint in writing and a reasonable opportunity to answer it. A notice that survives challenge identifies the strata plan and the date, names the recipient and the strata lot, and goes out by a method your bylaws permit.

The particulars are the part councils skimp on, and the part that loses at the tribunal. State the bylaw or rule number and what it requires, what is alleged to have happened, where, on which dates and at what times, and when the complaint was received. "Ongoing noise complaints" is not particulars.

Then set out the opportunity to respond: that the recipient may answer in writing by a stated date — around fourteen days is the usual allowance — and may request a hearing before council, which must then be held within four weeks of the request. Say what council may do if it decides a contravention occurred: impose a fine up to the amount your bylaws set, require the contravention to be remedied at the owner's cost, and impose further fines if it continues. Finish with a named person and an address for the reply.

Enforcement tools beyond fines

Fines aren't your only option (Section 129). Council may also:

• Remedy the contravention (Section 133) — do the work reasonably necessary (e.g., remove an unauthorised object from common property) and charge the reasonable cost to the person responsible.
• Deny access to a recreational facility (Section 134), if your bylaws allow it.

The same Section 135 due-process steps apply before you do any of these.

Collecting unpaid fines

Once properly imposed, a fine becomes a debt the owner owes the strata, and it can be added to their account. But note a key limit: unlike unpaid strata fees or special levies, fines generally can't be secured by a lien on the strata lot. To collect an unpaid fine the strata usually pursues it through the CRT (or small claims court). That's another reason to get the paperwork right the first time — you may have to prove it.

Frequently asked questions

Do we have to warn an owner before fining them? The Act doesn't require a separate "warning," but it does require the Section 135 notice-and-response process before the fine. In practice a first warning letter is good relations and often resolves the issue.

Can we impose ongoing fines while the breach continues? Yes — once you've followed the process, you can impose continuing fines (up to every 7 days for a bylaw, daily for a short-term rental bylaw) while the contravention persists. The process has to come first.

Can we fine both the owner and the tenant? The strata fines the person responsible under Section 130. If a tenant breaches, you notify the owner too, and there are rules about attributing the tenant's fine — check your bylaws and the Act.

What if the owner just refuses to pay? Document everything and apply to the CRT. Because fines aren't lienable, the CRT (or small claims) is the normal collection route.

Related reading

• Unenforceable Strata Bylaws in BC: Which Rules Actually Hold Up
• How to Change Strata Bylaws in BC (the 3/4 Vote Process)
• Strata Council Roles & Responsibilities in BC
• Dealing With a Difficult or Bullying Strata Council in BC

Getting enforcement wrong is expensive. Onehive's strata management services run bylaw enforcement by the book — proper notices, hearings, and records — so your fines actually hold up. Onehive manages strata & small and mid-sized rental communities across BC — request a proposal.

This article is general information, not legal advice. Your strata's own bylaws and circumstances are unique — confirm the specifics with a strata lawyer or licensed strata manager before acting.