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Receiving an invoice from your strata council for repairs or maintenance can be frustrating—especially if you believe the cost isn’t yours to pay. Fortunately, if you own a strata property in British Columbia, you have legal rights under the Strata Property Act (SPA), and there are excellent resources available to help you determine whether the charge is valid.
Before paying a disputed invoice, take the time to understand your rights and responsibilities.
Step 1: Start with CHOA
One of the best educational resources for strata owners in British Columbia is the Condominium Home Owners Association of BC (CHOA).
CHOA provides FREE practical and LEGAL information on:
- The Strata Property Act
- Standard bylaws
- Maintenance and repair responsibilities
- Council powers and duties
- Financial responsibilities
- Articles and webinars on common strata issues
Start your research here:
CHOA Strata Property Resources
CHOA also publishes bulletins explaining how the Civil Resolution Tribunal works and why owners should use it when necessary.
Step 2: Understand Who Is Actually Responsible
A common misconception is that if the strata council sends you a bill, you automatically have to pay it.
Not necessarily.
Under the BC Strata Property Act, responsibility depends on several factors, including:
- Whether the item is part of your strata lot.
- Whether it is common property.
- Whether it is limited common property.
- The wording of your strata’s registered bylaws.
- Whether negligence caused the damage.
For example, a balcony, roof, exterior wall, plumbing stack, or parkade may be common property even if only one owner benefits from it. Responsibility cannot simply be shifted to an owner without legal authority under the Act or the bylaws.
Always ask your council to identify the specific section of the Strata Property Act or bylaw they are relying on before accepting responsibility.
Step 3: Gather Your Evidence
If you disagree with a charge, collect evidence before responding.
Helpful documents include:
- Council correspondence
- Invoices
- Photographs
- Engineering reports
- Contractor reports
- Council meeting minutes
- Bylaws
- The registered strata plan
Keeping everything in writing is one of the best ways to protect yourself if the dispute escalates.
Step 4: Use the CRT Solution Explorer
Many people don’t realize that filing a tribunal claim is not the first step.
The Civil Resolution Tribunal offers a free online Solution Explorer, which asks questions about your dispute and provides customized legal information, self-help tools, and communication templates. If your issue cannot be resolved informally, it guides you to the appropriate CRT application.
Use the Solution Explorer here:
The Solution Explorer is FREE, anonymous, and designed specifically for BC strata disputes.
Step 5: When to Apply to the Civil Resolution Tribunal
If discussions with your strata council fail, the Civil Resolution Tribunal (CRT) has jurisdiction over most strata disputes in British Columbia, regardless of the amount in dispute.
The CRT regularly decides cases involving:
- Repair and maintenance responsibility
- Improper chargebacks
- Bylaw enforcement
- Fines
- Access to records
- Council decisions
- Interpretation of the Strata Property Act
Unlike court, the CRT process is primarily online, making it more accessible and affordable for many owners.
Learn from Previous CRT Decisions
One of the most valuable research tools available is the CRT’s published decisions.
Thousands of final decisions are publicly available and searchable. While CRT decisions are not binding precedents in the same way as court judgments, tribunal members frequently consider earlier decisions involving similar facts when explaining their reasoning. Reviewing comparable cases can help you understand how issues such as maintenance responsibility, chargebacks, and bylaw interpretation have been analyzed.
A Common Example
Imagine your strata corporation charges you for repairing a leaking pipe behind a wall because the leak affected your unit.
Before paying, ask yourself:
- Is the pipe common property?
- What do the bylaws say?
- Was there evidence of owner negligence?
- Has the council identified the legal authority for the charge?
If the repair relates to common property and there is no legal basis for shifting the cost to you, the charge may be open to challenge.
Every case depends on its own facts, but simply receiving an invoice does not automatically mean you are legally responsible.
Practical Tips
Before filing a CRT claim:
- Read the applicable sections of the Strata Property Act.
- Review your registered bylaws.
- Organize your evidence chronologically.
- Communicate with the council in writing.
- Use the Solution Explorer to understand your options.
- Search previous CRT decisions involving similar issues.
A well-prepared owner with clear documentation is in a much stronger position to resolve a dispute, whether through discussion or a tribunal decision.
Strata councils have an important role in managing communities, but their decisions must comply with the Strata Property Act and the strata corporation’s bylaws.
If you believe you’ve been charged for repairs or maintenance that are not legally your responsibility, don’t assume you have no choice but to pay. Educate yourself, gather your evidence, and make use of the free resources available through CHOA and the Civil Resolution Tribunal.
Knowing your rights is the first step toward protecting them!
Helpful Resources
References:
- British Columbia. (1998). Strata Property Act, SBC 1998, c. 43. BC Laws https://bclaws.gov.bc.ca
- Civil Resolution Tribunal. (n.d.) About the CRT https://civilresolutionsbc.ca
- Condominium Home Owners’ Association of British Columbia. (n.d.) About CHOA https://choa.bc.ca
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