With Nanaimo's significant stock of condos and townhomes, strata disputes are one of the most common property-related legal issues residents face. Whether you're disputing a bylaw fine, dealing with a noisy neighbour, or in conflict with your strata council over repairs, knowing the proper process saves time and money.
What a strata corporation actually is
When you buy a strata property (condo, townhouse, or similar), you automatically become a member of the strata corporation along with every other owner. The strata corporation, governed by an elected strata council, manages common property, enforces bylaws, and collects strata fees to cover shared expenses.
Strata corporations in BC operate under the Strata Property Act, along with their own specific bylaws and rules, which can vary significantly between buildings.
Common types of strata disputes
- Bylaw violations and fines — noise complaints, pet restrictions, rental restrictions, parking violations, and similar issues
- Repair and maintenance responsibility — disputes over whether a repair is the strata's responsibility (common property) or the individual owner's (limited common property or within a unit)
- Special levies and fee disputes — disagreements about assessments for major repairs or upgrades
- Governance disputes — challenges to how the strata council is conducting meetings, votes, or decision-making
- Discrimination or unreasonable bylaw enforcement — situations where bylaws are applied inconsistently or unfairly against specific owners
How bylaw fines have to work
A strata corporation can't simply fine you without process. Generally, before issuing a fine, the strata must:
- Give you written notice describing the alleged bylaw violation
- Give you a reasonable opportunity to respond, in person or in writing, before a decision is made
- Make a decision and communicate it, including the fine amount if applicable
If a strata skips this process — fining you without notice, or without giving you a chance to respond — the fine may be invalid and can be disputed.
The Civil Resolution Tribunal (CRT)
Most strata disputes in BC now go through the Civil Resolution Tribunal rather than court. The CRT is designed to be navigated without a lawyer, with an online process for submitting evidence and arguments.
The CRT process generally involves:
- Application — you submit your dispute online, describing the issue and what outcome you're seeking
- Negotiation — the CRT facilitates direct negotiation between you and the strata (or other party) to try to resolve the matter without a formal decision
- Facilitation — if negotiation doesn't resolve it, a case manager helps facilitate a resolution
- Tribunal decision — if still unresolved, a tribunal member reviews the evidence and arguments and issues a binding decision
CRT decisions are legally enforceable, similar to a court order. There are filing fees, though they're modest compared to court costs, and fee waivers are available for those who qualify.
When a matter goes to BC Supreme Court instead
Some strata matters fall outside the CRT's jurisdiction or are significant enough that BC Supreme Court is more appropriate — for example, certain injunction requests, complex multi-party disputes, or matters involving very large sums of money. If you're unsure which path applies to your situation, this is worth confirming before filing anything.
Tips for owners dealing with a dispute
Document everything — keep copies of all correspondence with your strata council, photos of any relevant conditions, and a timeline of events. CRT and court decisions are evidence-based, and good documentation strengthens your position significantly.
Read your specific bylaws — bylaws vary significantly between stratas. What's a violation in one building may be perfectly permitted in another. Request a current copy of your strata's bylaws and rules if you don't have one.
Try direct resolution first — many disputes can be resolved through a calm, written request to the strata council before escalating. This is faster and avoids fees, and CRT facilitators will often expect to see that you tried this first.
Know your deadlines — if you're disputing a fine or a strata decision, there are often time limits for filing a dispute. Don't let a deadline pass while you're still trying to resolve things informally.
When to get a lawyer involved
Many CRT disputes are manageable without a lawyer, particularly straightforward bylaw fine disputes. A lawyer becomes more valuable when:
- The dispute involves significant money or a major repair responsibility question
- You believe the strata has acted in a discriminatory or significantly unfair manner toward you specifically
- The matter is heading toward BC Supreme Court rather than the CRT
- You're considering challenging a strata council decision more broadly, not just a single fine
Even a single consultation with a real estate or strata-experienced lawyer before filing a CRT dispute can help you understand whether your position is strong and how to present your evidence most effectively.