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Legislation

Strata Property Act

What is Strata Property Act in British Columbia?

As of Official source: BC Laws — Strata Property Act · BC Laws — Strata Property Act
Doug LeMaire, REALTOR®
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Doug LeMaire, REALTOR®
Fraser Property Management Realty Services Ltd. · · Fraser Property Management Realty Services Ltd.
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Key Points

  • What is the Strata Property Act?
  • What is a strata corporation under the Strata Property Act?
  • Who governs a strata corporation day-to-day?
  • What are strata bylaws and how are they created or amended?
  • What types of votes does the Strata Property Act require for strata decisions?

The Strata Property Act (SPA), SBC 1998, c. 43, is British Columbia's primary statute governing the creation, operation, and management of strata corporations. It establishes the legal framework for strata governance, covering matters such as bylaws, strata council authority, owner meetings, record-keeping obligations, and dispute resolution processes. The SPA applies to strata developments including residential, commercial, and mixed-use properties registered under its provisions. Owners, tenants, and strata corporations operating in BC must comply with the SPA's requirements; verify current details with a BC lawyer, notary, or licensed tax professional.

General information only — not legal, financial, tax, or real-estate advice. For your situation consult a licensed BC REALTOR®, lawyer, notary, or accountant.

Verify with official BC source
Source: King's Printer of British Columbia (BC Laws). Unofficial consolidation. · Retrieved 2026-09-21

Frequently Asked Questions

What is the Strata Property Act?

The Strata Property Act, SBC 1998, c. 43 (SPA), is British Columbia's main statute governing the creation, operation, and management of strata corporations (condominiums and other strata developments). It sets out the legal framework for strata governance, including bylaws, council authority, meetings, records, financial management, and dispute resolution processes. The SPA applies to all strata corporations in BC and is supported by the Strata Property Regulation. Verify current details with a BC lawyer or notary before acting.

What is a strata corporation under the Strata Property Act?

Under the Strata Property Act, SBC 1998, c. 43, a strata corporation is the legal entity created automatically when a strata plan is deposited at the Land Title Office. The strata corporation is composed of all the owners of strata lots in the strata plan and is responsible for managing and maintaining the common property and common assets. It has the power to sue and be sued, enter into contracts, and enforce bylaws and rules. Verify specific governance and liability questions with a BC lawyer or notary.

Who governs a strata corporation day-to-day?

The Strata Property Act, SBC 1998, c. 43, provides that a strata council (elected by the owners at the annual general meeting) governs the strata corporation between general meetings, exercising the powers and performing the duties of the strata corporation. The council must act in good faith and in the best interests of the corporation, and its authority is subject to the SPA, the strata corporation's bylaws, and any restrictions imposed by the owners in general meeting. Verify the scope of council authority and any limitations for your strata with a BC lawyer or notary.

What are strata bylaws and how are they created or amended?

Under the Strata Property Act, SBC 1998, c. 43, strata bylaws are rules that govern the use, management, and administration of the strata lots, common property, and common assets. Every strata corporation has the SPA's Schedule of Standard Bylaws unless it has filed different bylaws, and bylaws may be amended by a resolution passed by a three-quarters vote at a general meeting (as of 2026-07-27 — verify current thresholds). Bylaws must not contravene the SPA, the Human Rights Code, or any other enactment, and they must be filed at the Land Title Office to be enforceable against purchasers and other persons. Verify bylaw amendment procedures and enforceability with a BC lawyer or notary.

What types of votes does the Strata Property Act require for strata decisions?

The Strata Property Act, SBC 1998, c. 43, sets out different voting thresholds depending on the decision: a majority vote (more than 50%), a three-quarters vote (at least 75%), and a unanimous vote (100%) for matters such as terminating the strata, certain significant changes to common property, or amendments to certain bylaws. Specific decisions (such as approving the annual budget, special levies, bylaw amendments, and alterations to common property) each require the applicable threshold set out in the SPA. Verify the current voting threshold for any specific resolution with a BC lawyer or notary before acting.

What are strata fees (or strata contributions) and how are they determined?

Under the Strata Property Act, SBC 1998, c. 43, strata fees (contributions to the operating fund and contingency reserve fund) are approved annually by the owners at the annual general meeting as part of the budget. Contributions are usually allocated to each strata lot according to unit entitlement (a proportionate share set out in the strata plan), unless the bylaws provide otherwise. The strata corporation may also levy special levies for expenses not covered by the operating fund or contingency reserve fund, subject to the approval thresholds in the SPA. Verify current contribution rules and special levy procedures with a BC lawyer or notary.

What records must a strata corporation keep and who can access them?

The Strata Property Act, SBC 1998, c. 43, requires a strata corporation to prepare and retain specified records, including minutes of general and council meetings, the strata plan, bylaws and rules, financial statements, lists of owners and tenants, contracts, correspondence, and certain other documents. An owner, purchaser, or person authorized in writing by an owner may request to inspect or obtain copies of most strata records, subject to limited exceptions and reasonable fees set by bylaw. The SPA sets out the process and timelines for requesting records, and the corporation must comply within specified periods (as of 2026-07-27 — verify current timelines). Verify record access rights and any restrictions with a BC lawyer or notary.

Can a strata corporation prohibit or restrict rentals?

Under the Strata Property Act, SBC 1998, c. 43, a strata corporation may pass bylaws restricting or prohibiting the rental of strata lots, subject to certain limitations, including exemptions for hardship cases and grandfathering provisions if the rental restriction bylaw was enacted after an owner purchased. A bylaw restricting rentals must be passed by a three-quarters vote at a general meeting and filed at the Land Title Office to be enforceable (as of 2026-07-27 — verify current requirements). The SPA also allows owners denied permission to rent to apply to the strata corporation for an exemption on hardship grounds, and disputes may be taken to the Civil Resolution Tribunal. Verify rental restriction bylaws, exemptions, and dispute processes with a BC lawyer or notary.

How are disputes under the Strata Property Act resolved?

The Strata Property Act, SBC 1998, c. 43, provides that certain strata property disputes (such as bylaw enforcement, denial of access to records, council decisions, and significant unfairness claims) are within the exclusive jurisdiction of the Civil Resolution Tribunal (CRT), BC's online dispute resolution tribunal, subject to monetary limits and other rules (as of 2026-07-27 — verify current CRT jurisdiction and limits). Other disputes, such as certain tort or contract claims, may be heard in the BC Provincial or Supreme Court. The SPA requires parties to attempt to resolve disputes internally before applying to the CRT, and it sets out remedies the CRT may order, including orders for compliance, rectification, or compensation. Verify the appropriate dispute resolution forum and process for your issue with a BC lawyer or notary.

What is 'significant unfairness' under the Strata Property Act?

Under section 164 of the Strata Property Act, SBC 1998, c. 43, the Civil Resolution Tribunal may make orders to prevent or remedy significant unfairness to a person, including an owner or tenant, if the application of the bylaws, rules, or a resolution, decision, or action of the strata corporation is significantly unfair. 'Significant unfairness' is not defined in the SPA, but tribunal and court decisions consider factors such as the reasonable expectations of the parties, whether there was oppressive or unfairly prejudicial conduct, and the overall fairness in the circumstances. The CRT has broad remedial powers, including setting aside or varying resolutions or decisions. Verify the application of the significant unfairness test to your situation with a BC lawyer or notary before acting.

Authoritative Sources

Verify the specific statutory language, thresholds, deadlines and current guidance directly with the governing authority:

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Doug LeMaire, REALTOR® · Fraser Property Management Realty Services Ltd. · BCFSA #167790
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