How to Address Unfair Treatment by Strata Councils in BC
August 28th, 2025If you’re facing what feels like unfair treatment by a strata council in BC – rules applied to you but not to others, members voting despite conflicts of interest, or interactions that cross into harassment – you’ve come to the right place. Fair process matters, and it’s reasonable to expect consistency, transparency, and respect in how council decisions are made and enforced.
This guide focuses on practical, step-by-step actions owners can take before, during, and after any escalation. You’ll learn how to distinguish strict-but-fair enforcement from truly unfair treatment, gather the right records, request a hearing, communicate effectively in writing, and understand when mediation or a tribunal may be appropriate.
Spot the Difference Between Strict and Unfair
Consistent enforcement vs. selective enforcement
“Strict” means everyone plays by the same written bylaws and rules. “Unfair” shows up as arbitrary or selective enforcement – some owners are fined or warned while others with the same conduct are ignored. Those patterns are the kind of disputes the Civil Resolution Tribunal (CRT) hears (ie. unfair or non-enforcement of bylaws).
Procedural fairness (notice, reasons, opportunity to be heard)
Before fines, chargebacks, or loss of privileges, council must follow the Strata Property Act (SPA) s.135 process: give you the particulars of the complaint in writing and a reasonable opportunity to respond, including a hearing if requested – and after deciding, provide written notice of the decision.
Timelines matter: if you request a hearing, council must hold it within 4 weeks and, if you asked for a decision, issue it within 1 week of the hearing. If these steps aren’t followed, enforcement can be set aside.
Note, however, what is not required:
- Council need not consider your convenience when scheduling the hearing;
- Council need not reschedule if you do not attend the originally-scheduled hearing.
- Council need not provide evidence;
- Council need not answer questions of yours. Their only job is to listen;
- Council need not provide rationale for their decision;
- For bylaw enforcement decisions, evidence of the violation is not required. Only a credible complaint is required.
While you may feel Council should do some or all of the above, it is not required. The Act was written recognizing Council members are volunteers and so the burden on them is proportionate. Consider that in large stratas Councils may have to attend multiple hearings each month, in the evening, on their personal time.
Conflict of interest and recusal
Council members must act in the strata’s best interests and disclose any personal interest in the matters before council. A conflicted member must abstain from voting and leave the meeting during discussion of that issue unless invited to provide information. Failure to follow these rules can lead to court remedies under SPA s.33.
Harassment, discrimination, and safety issues
If conduct targets you based on a protected ground (e.g., disability, race), it may fall under BC’s Human Rights Code, which also applies to stratas – those complaints go to the BC Human Rights Tribunal. For immediate risks to health or property, councils can act on an emergency basis (and you should report hazards promptly).
Bottom line: “Strict” is consistent, written, and procedurally fair. “Unfair” is selective, conflicted, or discriminatory. When you can point to inconsistent enforcement or missed SPA steps, you have grounds to ask council to reconsider, and, if needed, to escalate.
Practical steps to get a fair hearing
- Document everything now. Start a dated timeline; save emails, notices, photos, and meeting references.
- Request a council hearing in writing. State the issue and outcome you’re seeking. Council must hold the hearing within 4 weeks and, if you requested a decision, give you a written decision within 1 week of the hearing.
- If accused of a bylaw infraction, ask for particulars and written reasons. Under SPA s.135, you’re entitled to written notice of the complaint and a reasonable chance to respond (including a hearing); after council decides, you must be notified in writing.
- Request the records you need. Check SPA ss.35–36 (bylaws, rules, minutes, policies, correspondence about your matter). The strata must provide copies on request. Note however that there will usually be a per-page cost to you, so be judicious in your request. Furthermore, the strata management company will typically charge an hourly rate to the strata for compiling the documents, and the strata can typically charge this cost back to your unit. For example, from owners frequently involved in conflict with the strata, we have seen requests for “all emails to, from, or referencing me in the last two years” run over one thousand dollars.
Also, we will occasionally see owners abuse this right by making overly frequent and broad requests, in which case the strata can demand more specificity in what you are looking for.
- Propose a practical solution. Keep it specific and bylaw-anchored (ie. “please approve XYZ on condition ABC”).
- If you feel strongly that Council is wrong, as a last resort you can escalate. Some fairness and enforcement disputes go to the Civil Resolution Tribunal (CRT); keep your file organized for submission. Note you will need to pay a filing fee, and the waitlist for the Tribunal to consider a file is close to a year. This should really be considered a last resort and for significant matters only.
Gather the Facts Before You Act
1) Confirm your access rights (SPA ss.35–36)
- Owners, authorized reps, and eligible tenants can inspect strata records.
- Timelines: bylaws and rules within 1 week; all other records within 2 weeks.
- Cost: copies may be charged up to $0.25 per page (including electronic).
2) Decide exactly what you need
Choose a tight date range and list only the items relevant to your issue:
- Current bylaws, rules, and any written policies applied in your case
- Council meeting minutes where your matter was discussed or decided
- Complaint letters, notices, and decision letters related to you
- Correspondence (including email) to or from council/management about the issue
- Any referenced reports, contracts, or enforcement memos
3) Send a targeted request
Use a short, polite note that’s easy to approve. For example:
Subject: SPA s.36 records request – [Your unit number], [YYYY–MM date range]
Hello [Manager/Council],
Under the Strata Property Act s.36, I’d like to receive copies of:
• [List items]
• [Date range]
Please provide copies (I agree to pay up to $0.25/page).
If electronic copies are available, that works for me.
Thank you,
[Name, unit, contact]
4) Pay for your files
- The management company will require payment before releasing the documents.
5) Build your evidence file
- Keep a dated timeline (what happened, who said what, when).
- Save all emails, attachments, and meeting references in a single folder.
6) Privacy reminder (PIPA)
Stratas must protect personal information, but PIPA does not override disclosures required by law. If the SPA requires a record to be provided (like complaint letters or minutes), it generally cannot be withheld on privacy grounds – limited redactions may apply only where necessary.
7) If the strata stalls or refuses
- Briefly restate the SPA timelines and re-send your list.
- If there’s still no movement, consider applying to the Civil Resolution Tribunal for an order to produce records and to confirm your access rights.
Tips for Messages that Get Results in BC Stratas
Write with focus and neutrality
Keep every message short, neutral (not accusatory), and aimed at one outcome. Reference the specific bylaw or the Strata Property Act section where it fits.
Ask for particulars and written reasons
If you’ve received a notice and suspect selective enforcement, request the exact bylaw or rule relied on, the facts and dates of the alleged contravention, and evidence considered (if any). In fact, a good infraction letter will already have mentioned these. Note that you’ll provide a full response once you have those particulars.
Is a hearing truly required?
Hearing requests should be rare. Remember Council members are volunteers, and in a building with 100 or more units, hearings can become quite burdensome. They can weigh down the strata with minutiae and evening commitments, and drive good Council members not to seek re-election.
Request a council hearing if truly needed
When you need to be heard before fines or to challenge a decision, request a hearing in writing. Send it to both the strata manager and Council email (if there is one). State the precise outcome you want, offer a few date windows, and include your one-pager (see below). Remember though that Council can schedule the hearing at their discretion without consideration to your schedule.
Arrive prepared
Send in advance a one-page summary of facts and the outcome you’re seeking, the relevant bylaw or rule, a simple timeline, and a handful of clearly labeled exhibits (photos, notices, emails). End with two or three sentences explaining why your request aligns with the bylaws and is fair to the community.
Follow up if there’s no response
Send one polite reminder referencing the original subject line and date. Reiterate your request, offer two alternate time windows, and note that BC timelines apply. If the process stalls, let the council know you may seek help from the Civil Resolution Tribunal.
Close with a clear ask and date
Finish every message with a concrete next step and deadline, for example, “Please reply by September 15 with the particulars and written reasons so I can respond constructively.” Clear, courteous writing makes it easier for the council to say yes.
Resolve It Inside the Strata First
If you believe you’re facing unfair treatment by strata council, work through these BC-specific steps before escalating.
| What to do | Key BC rule / timeline | Why it helps | Notes |
| Start (or respond to) a formal bylaw complaint | Council must give written particulars and a reasonable chance to respond (including a hearing on request), then give written notice of its decision. | Ensures procedural fairness and creates a clear paper trail. | Ask for the specific bylaw/rule. |
| Request a council hearing and prepare a tight package | Hearing must be held within 4 weeks of your written request; if a decision is sought, council must provide a written decision within 1 week. | You’re formally heard; timelines keep the process moving. | Bring the bylaw text, short timeline, and up to 5 labeled exhibits. |
| Get decision on the record | Written decision due within 1 week when a decision is requested; decisions should also be recorded in minutes. | Clear reasons expose inconsistency and strengthen any review. | Politely ask for brief reasons tied to the bylaw/rule. |
| Reconsider narrow 3/4 votes | If a 3/4 resolution passed with <50% of all votes participating, 25% of voters can demand an SGM within 1 week to reconsider. | A fast check on significant decisions made with low turnout. | Act quickly – the window is short. |
| Check fines against the regulations | SPA mandates max fines: $200 per bylaw breach; $50 per rule; frequency every 7 days (daily only for short-term-rental bylaws, up to $1,000/day). | Invalid or excessive fines can be set aside. | Your bylaws must authorize amounts/frequencies. |
| Know the manager’s lane | Strata council conducts enforcement; managers coordinate but can’t decide fines. | Communicate through the manager, but understand they aren’t in charge. | CC both council and the manager on key emails. |
When to Escalate Beyond Your Strata
Start with the CRT
If internal steps don’t resolve unfair treatment by strata council, the Civil Resolution Tribunal is the default path for most strata disputes. You file online; they try settlement first and issue a binding decision if needed.
Human Rights complaints
If the behaviour targets a protected ground (e.g., sexual orientation, place of origin), take it to the BC Human Rights Tribunal. There’s generally a one-year limit from the last incident, so act promptly.
“Significantly unfair” decisions
For severe cases—patterns or decisions that are significantly unfair—owners can apply to the BC Supreme Court (SPA s.164) for remedies like setting aside the decision or requiring reconsideration. The hurdle is significant so consult a lawyer before proceeding.
Mediation (and sometimes arbitration)
When dialogue is still possible, mediation can land a practical agreement quickly. Arbitration is a private, binding option but is used less often now that the CRT exists.
What to submit wherever you go
Bring a clean “go file”: a dated timeline, copies of notices and emails, the bylaw/rule at issue, hearing request and outcome, decision letters/minutes, and a few labeled exhibits (photos, logs, reports). Lead with process gaps (missed notice/hearing/reasons) and examples of inconsistent enforcement.
Why C&C is a Steady Partner for Fair Outcomes
When situations start to look like unfair treatment by strata council, experience matters. C&C brings a calm, BC-savvy approach that emphasizes clear communication, respectful process, and well-kept records—small things that make a big difference in how decisions are understood and accepted across a community.
Every strata is unique, but the patterns are familiar. C&C’s team draws on broad, local experience to encourage consistency, and practical next steps that avoid turning issues into battles. If you want a management partner that helps keep conversations constructive and progress moving, C&C is a reliable place to start.
