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BC strata guide · Enforcement

Section 135: how a BC strata imposes a bylaw fine that holds up

Fines are the most challenged decision a strata council makes, and the Civil Resolution Tribunal cancels them for procedure far more often than for substance. Section 135 of the Strata Property Act is a short section with a strict order of operations. Follow it every time and the fine stands.

What section 135 requires before any fine

Under s.135(1), the strata corporation must not impose a fine, or require a person to pay the costs of remedying a contravention, unless it has:

  1. 1.Received a complaint about the contravention.
  2. 2.Given the owner or tenant the particulars of the complaint, in writing, and a reasonable opportunity to answer the complaint, including a hearing if requested.
  3. 3.If the person is a tenant, given notice of the complaint to the person's landlord and to the owner.

Under s.135(2) the strata must then give the owner or tenant written notice of its decision as soon as feasible. Only once these steps are complete can a fine be imposed — and under s.135(3), once they are complete for a continuing contravention, further fines can be imposed at the interval the bylaws set without repeating the notice.

The hearing right (s.34.1)

An owner or tenant may request a council hearing in writing. Council must hold the hearing within four weeks of the request, and if the purpose was to seek a decision, give a written decision within one week after the hearing. A fine imposed while a hearing request is pending is the single most common reason a fine is cancelled.

Maximum fines

The Strata Property Regulation caps fines per contravention: a general bylaw contravention has a lower cap than a short-term rental bylaw contravention, which the province raised substantially in 2023 to $1,000 per day. Your bylaws must set the actual amounts within those caps; a strata cannot fine under a bylaw that does not specify a fine, and it cannot exceed the Regulation's cap even if the bylaw says otherwise.

ContraventionCap in the Regulation
A bylaw (general)Up to $200 per contravention
A ruleUp to $50 per contravention
A short-term rental bylawUp to $1,000 per day (since 2023)

Fines cannot be secured by a lien under s.116 — a lien is available for strata fees, special levies and certain other amounts, not fines. Unpaid fines are collected through the Civil Resolution Tribunal or court.

The five mistakes that lose at the CRT

  • Fining before the response period ends, or before a requested hearing is held.
  • Sending the particulars to the tenant only, without notifying the owner and landlord.
  • Naming the complainant in the letter to the respondent, creating a privacy complaint on top of the bylaw dispute.
  • Citing the wrong bylaw number, or a bylaw that was never filed at the Land Title Office.
  • Fining every week for a 'continuing' contravention without evidence that it actually continued.

How AryaPM runs the ladder

AryaPM's bylaw enforcement desk gives every complaint a BV-numbered file and refuses to let it reach the fine stage until the particulars, the response window, any hearing and the council decision are recorded. Letters go to the registered owner (or agent) with the tenant copied, never name the complainant, are previewed before sending and are stored on the file with dates. Fines are recorded on the file and billed through your accounting system, so the resident ledger never shows a receivable the Act would not support.

Frequently asked questions

Does the complaint have to come from an owner?

No. A complaint can come from an owner, tenant, staff member, manager or council member; what matters is that the strata received a complaint before acting.

How long is a 'reasonable opportunity to answer'?

The Act does not fix a number. Two weeks is a common practice and the CRT has treated short windows sceptically; your bylaws may set a period.

Can council fine a unit for a guest's behaviour?

Bylaws typically make owners responsible for their tenants, occupants and visitors; the s.135 steps are still owed to the owner and, where relevant, the tenant.

What if the owner never responds?

Once the response window has passed with no answer and no hearing request, council may decide and impose the fine, with written notice of the decision.

Last reviewed 2026-09-21. Product details describe AryaPM as it ships today; legislation summaries are general information, not legal advice.

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