In our series so far, we’ve covered the basics of strata living, the role of strata councils and AGMs, and how to interpret strata financials like depreciation reports and contingency funds. Now let’s finish with the framework that ties it all together: the laws that govern strata corporations in British Columbia.Buying into a strata means becoming part of a legal entity. That entity—the strata corporation—is created and regulated under the Strata Property Act (SPA). Understanding this legislation, and how it affects you as an owner, is key to avoiding surprises and protecting your investment.
What Is the Strata Property Act?
The Strata Property Act is provincial legislation that sets out how strata corporations are created, managed, and governed in BC.It covers everything from:- The formation of a strata corporation
- How bylaws and rules are made and enforced
- Meeting requirements (AGMs, SGMs, council meetings)
- Financial obligations like budgets, strata fees, and contingency funds
- Owner rights and responsibilities
- Dispute resolution through the Civil Resolution Tribunal (CRT)
Standard Bylaws vs. Custom Bylaws
When a new strata corporation is formed, it automatically adopts a set of standard bylaws found in the Strata Property Act. These cover basics such as:- Use of common property
- Repair and maintenance responsibilities
- Council elections and duties
- Pets, noise, and rentals
- Some limit or ban short-term rentals (Airbnb).
- Others restrict pets by size, breed, or number.
- Age-restricted stratas (55+ communities) may limit who can reside in units.
- Renovation rules may require council approval for flooring changes or kitchen upgrades.
Rules vs. Bylaws
It’s important to note the difference:- Bylaws are long-term regulations that require a 3/4 vote of approval from owners at a meeting.
- Rules are created by council to manage common property (like pool use or parking). They can be enacted quickly but must be ratified at the next AGM to remain in effect.
Owner Rights Under the Strata Property Act
The Act grants owners a number of important rights. These include:- Right to Access Records
Owners can request financial statements, minutes, bylaws, depreciation reports, and other key documents. - Voting Rights
Owners can vote at AGMs and SGMs, giving them a direct say in how their community is run. - Right to Fair Enforcement
Bylaws and rules must be enforced consistently and fairly. Councils can’t play favourites. - Dispute Resolution
If conflicts arise, owners can seek resolution through the Civil Resolution Tribunal (CRT), a cost-effective alternative to court. - Protection from Unreasonable Actions
The Act protects owners from unfair decisions or mismanagement by the council.
Owner Responsibilities Under the Act
Alongside rights come responsibilities. Owners must:- Pay strata fees and special levies on time.
- Maintain their individual unit.
- Follow bylaws and rules (including those about pets, noise, and renovations).
- Respect common property and shared amenities.
Financial Requirements in the Act
The Strata Property Act places clear financial obligations on stratas:- Operating Fund: Must cover day-to-day expenses.
- Contingency Reserve Fund (CRF): Must receive a minimum contribution from fees each year.
- Depreciation Reports: Most stratas with more than four units must obtain one every three years (unless exempted by a 3/4 vote).
- Annual Budgets: Must be prepared and approved by owners at the AGM.
Dispute Resolution – The Civil Resolution Tribunal (CRT)
Disputes are inevitable in shared living communities. The CRT provides a way to resolve them without going to court.Common Strata Disputes Heard by the CRT:
- Enforcement of bylaws (e.g., pets, noise, parking)
- Repair and maintenance responsibilities
- Access to records
- Strata fee and levy disputes
- Council decision-making
Red Flags Buyers Should Watch For
When reviewing a strata’s legal framework, look out for:- Bylaws that conflict with the Act – Some stratas pass bylaws that aren’t legally enforceable.
- Excessive restrictions – Rules that severely limit pets, rentals, or renovations may impact resale value.
- Ongoing disputes – Frequent legal conflicts are a sign of dysfunction.
- Missing records – A council that doesn’t provide financials or minutes is not operating in compliance with the Act.
Why Legal Knowledge Matters
For buyers, understanding the Strata Property Act helps you:- Avoid surprises (like a no-pet bylaw).
- Protect your financial investment.
- Ask the right questions before you purchase.
- Hold council accountable.
- Navigate disputes fairly.
- Ensure bylaws are reasonable and enforceable.
Final Thoughts
Strata ownership can be an excellent form of housing—convenient, community-oriented, and financially efficient. But it’s also highly regulated, and as an owner you are part of a legal framework that requires both cooperation and compliance.The Strata Property Act ensures fairness and consistency across BC, but each community’s bylaws add another layer of governance. The best way to protect yourself is to:- Review bylaws and rules before buying.
- Stay engaged with meetings and council decisions.
- Know your rights and responsibilities under the law.
👉 Missed the earlier posts in this series? Catch up here:
- [Understanding Strata Living – What You Need to Know Before Buying a Condo or Townhouse
- [Inside the Strata Council – How AGMs, Minutes, and Governance Work]
- [Decoding Strata Financials – Depreciation Reports, Contingency Funds, and Strata Fees