Strata Council Code of Conduct in BC

A strata council code of conduct is a short written document setting out how council members will behave: acting in good faith, keeping matters confidential, declaring conflicts of interest, and treating people with respect. BC's Strata Property Act doesn't require one, but adopting a code is one of the cheapest, most effective governance upgrades a council can make — and it costs nothing but an hour of council's time.

Do you legally need one?

No. The Act sets baseline duties for council members but doesn't mandate a formal code of conduct. That said, the best-run stratas almost always have one. A code turns vague expectations ("be professional") into clear, agreed-upon standards you can point to when someone crosses a line. It's especially valuable when a council has a difficult member, or when new volunteers join and don't yet know the rules of the road.

What the law already requires

A good code builds on duties that already exist in the Strata Property Act, so it helps to know them:

• Act honestly and in good faith (s. 31). Council members must act honestly and in good faith with a view to the best interests of the strata corporation, and exercise the care, diligence, and skill of a reasonably prudent person.
• Disclose conflicts of interest (s. 32). A member with a direct or indirect interest in a proposed contract or transaction must disclose it, leave the room for the discussion and vote, and not participate.
• Accountability for conflicts (s. 33). A member who profits from an undisclosed conflict can be held personally accountable to the strata.
• Fair enforcement (s. 135). Before fining or penalizing an owner or tenant, council must give notice of the complaint and a reasonable opportunity to respond, including a hearing if requested.

A code of conduct restates these in plain language and adds the everyday expectations the Act doesn't spell out.

What a good code covers

Aim for one page or two. The essentials:

• Duties. Act in the strata's best interests, come prepared, learn the bylaws.
• Decisions as a body. No lone-wolf members giving orders to the manager or contractors.
• Conflicts of interest. Disclose, step out, don't self-deal.
• Confidentiality. Keep enforcement files, legal advice, insurance claims, and personal information private.
• Respect. No bullying, harassment, discrimination, or retaliation; enforce bylaws consistently.
• Communication. Council speaks with one voice; respond to owners within the Act's timelines.
• Consequences. What happens when a member breaches the code.

How to adopt it

A code of conduct is a council-level policy, so council can adopt it by an ordinary majority vote at a properly called council meeting — you generally don't need a 3/4 vote of the owners the way you would to change a bylaw. Record the adoption in the minutes, have every current member sign it, and fold signing into the onboarding for each new council after every AGM. Keep it with your governance documents so it's easy to find.

One limit worth flagging: a code of conduct cannot override the Act or your bylaws, and council cannot use it to remove a member from council. Only the owners can remove a council member, by majority vote at a general meeting.

What a code of conduct should cover

A workable code runs to a page or two and covers the same ground in most buildings:

• Purpose. That the code supports rather than replaces the Strata Property Act, the regulations and your bylaws, and that where they conflict the Act and the bylaws prevail.
• Duties. That each member acts honestly and in good faith in the best interests of the corporation as a whole, exercises the care, diligence and skill of a reasonably prudent person under section 31, becomes familiar with the Act and the bylaws, and comes to meetings having read the package.
• Decisions belong to council as a body. No individual acts or speaks for the strata without written delegation; members support decisions properly made by majority vote, including ones they opposed; and nobody gives direction to the manager, employees or contractors on their own.
• Conflicts of interest. Full and prompt disclosure of any direct or indirect interest under section 32, leaving the room for the discussion and the vote, no attempt to influence it, and no use of the position for personal gain or to benefit family, friends or one's own business.
• Confidentiality. Enforcement files, legal advice, insurance claims, personnel and contractor matters and owners' personal information stay confidential, and the substance of in-camera discussion is not repeated outside it.
• Respect and fair treatment. Courtesy toward owners, tenants, fellow members, the manager and staff; no harassment, bullying, intimidation, discrimination or retaliation; consistent enforcement without singling anyone out; and a fair chance to be heard before decisions that affect an owner, including enforcement decisions under section 135.
• Communication. Official communication to owners comes from council or the manager, not from individuals claiming to speak for the strata, and owner correspondence and hearing requests are answered within the timelines the Act sets.
• Use of strata resources. Funds, records and property are used only for strata purposes, and members help keep the records accurate.
• Breaches. A member who may have breached the code is given a chance to respond. By majority vote council may issue a private reminder or a written caution, remove the member from an officer role such as treasurer, or withdraw delegated signing authority. Council cannot remove anyone from council — only the owners can, by majority vote at a general meeting.
• Acknowledgement. A dated signature from each member, kept with the strata's records.

Adopt it by council resolution, minute the adoption, and have every member sign at the first meeting after each AGM so it renews with the council. Where a building's circumstances are sensitive, have a strata lawyer review the wording before it is adopted.

Frequently asked questions

Is a strata council code of conduct legally binding? A code adopted by council is a governance policy, not a bylaw, so it doesn't carry bylaw fines. It's binding as an internal standard council agrees to follow, and it's strong evidence of expectations if a dispute reaches the CRT.

Can council fine a member for breaking the code? No. Bylaw fines apply to bylaw and rule contraventions, not to a council policy. Consequences for a code breach are internal — reminders, removal from an officer position, or, ultimately, the owners voting a member off council.

Do we need a 3/4 vote to adopt a code of conduct? Usually not. Because it's a council policy rather than a bylaw amendment, council can adopt it by majority vote and record it in the minutes. Turning it into an enforceable bylaw would require a 3/4 vote of the owners.

Related reading

• Strata Council Roles & Responsibilities in BC
• Dealing With a Difficult or Bullying Strata Council in BC
• Strata Bylaw Enforcement & Fines in BC: How to Do It Right
• Your Rights as a Strata Owner in BC

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This article is general information about the BC Strata Property Act framework, not legal advice. Adapt any code you adopt to your own bylaws and have a strata lawyer review it if needed.