Strata Tip of the Week – This Strata Is Not Following the Law: Can the CRT Help?

Strata corporations in British Columbia operate within a fairly complex legal framework. While the Strata Property Act is the primary legislation governing how stratas are created, managed, and governed, it’s not the only law that applies. Depending on the issue, strata corporations may also need to comply with several other provincial and federal statutes, including:

• Strata Property Regulation
• Civil Resolution Tribunal Act
• Limitation Act
• Employment Standards Act
• Workers Compensation Act
• Human Rights Code
• Personal Information Protection Act (PIPA)
• Safety Standards Act
• Local Government bylaws
• Environmental Management Act
• Building Act and BC Building Code
• Homeowner Protection Act

These legal requirements can impact not just strata owners, but also buyers, Realtors, residents and anyone who relies on a strata corporation to operate properly.

While this is by no means a complete list, and not all of these apply in every situation, they form the broader legal landscape stratas operate within. Stratas must meet their legal obligations, and owners, strata buyers, Realtors and other stakeholders should be aware of these requirements so they can recognize potential non-compliance, evaluate the risks involved, and obtain appropriate guidance on the steps and remedies available to ensure a strata follows its legal responsibilities.

Condo Clear provides education and support in understanding strata governance, but some matters require legal expertise. This article provides general information only and should not be taken as legal advice. If you are dealing with a potential legal issue, we always recommend seeking guidance from a qualified lawyer.

When Stratas Don’t Follow the Rules

Even with this legislative framework in place, compliance does not always happen in practice. While many stratas work hard to meet their obligations, there are times when councils overlook requirements or fail to correct issues even after they have been raised. When that happens, owners are often left wondering what options they have when a strata ignores the law or fails to address clear instances of non-compliance.

Since 2016, the Civil Resolution Tribunal (CRT) has played a central role in resolving strata disputes. The CRT is an online tribunal designed to make conflict resolution more accessible, without the need for a lawyer or a trip to the BC Supreme Court. For strata corporations, the CRT has jurisdiction over most strata-related claims; however, it does not have authority to deal with certain matters, such as issues involving constitutional questions or allegations under the Human Rights Code. The CRT handles a wide range of matters, including:

• non-payment of strata fees or fines
• unfair actions by the strata corporation
• unfair, arbitrary or non-enforcement of strata bylaws
• issues of financial responsibility for repairs
• irregularities in the conduct of meetings, voting, minutes or other matters
• interpretation of the legislation, regulations or bylaws
• issues regarding the common property

Why Gathering Evidence Matters

Whether an owner or resident is raising concerns with council or preparing a CRT application, evidence is essential. The more clearly an owner can document what happened, when it happened and how the strata responded, the easier it becomes to demonstrate the issue and the harder it becomes for the strata to dispute the facts.

Evidence is also valuable for buyers and Realtors. If something seems unclear or inconsistent during the purchase process, collecting information early can help them assess potential risks, make informed decisions, and seek advice before moving forward.

At Condo Clear, we frequently assist owners, buyers and Realtors in reviewing strata records and identifying key evidence that may indicate concerns or potential non-compliance.

Helpful forms of evidence may include:

• copies of emails exchanged with council or the management company
• meeting minutes or AGM or SGM records
• photos or videos
• relevant bylaws, rules or policies
• repair reports, quotes or invoices
• notices issued by the strata
• timelines of events
• witness statements

Clear and well-organized evidence can prompt a strata council to address an issue before it escalates. If the matter reaches the CRT, strong documentation often plays a key role in how the case is decided.

How the CRT Process Works

A CRT dispute may move through up to four phases:

1. Application: You submit your claim and outline the issue.
2. Negotiation: The parties communicate online to try to reach a resolution.
3. Facilitation: A CRT facilitator works with both sides to help settle the dispute.
4. Adjudication: If no agreement is reached, a tribunal member issues a binding, court-enforceable decision.

For many owners, the CRT offers a practical and structured way to move forward when internal attempts at resolution aren’t getting anywhere. And because the process emphasizes early settlement whenever possible, many disputes are resolved long before they reach the adjudication stage.

Understanding the rights, responsibilities and processes involved in strata living is essential for everyone connected to a strata community. With the right information and support, owners, council members, buyers, Realtors and residents can navigate issues more confidently and help ensure their strata operates as it should.

At Condo Clear, we review strata documents every day and share these insights to help buyers and owners feel more confident navigating strata living. Sign up for our Strata Tip of the Week Newsletter to stay up to date with the latest strata news and articles.

That’s it for this week. If you have any suggestions for other topics you’d like us to cover, please let us know at info@condoclear.ca.

Author: Mugurel Mic; Last Edited: November 25, 2025

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Disclaimer: The information provided is for general purposes only. It is not intended to provide legal advice or opinions of any kind. No one should act, or refrain from acting, based solely upon the materials provided, any hypertext links or other general information without first seeking appropriate legal or other professional advice.

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