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British Columbia · Strata Property Act

Was the fine procedure followed correctly?

Courts and the CRT strike down BC strata fines for procedural mistakes here more than almost anywhere else in the Act. A couple of questions to check where you are in section 135's sequence, and what's still required.

Question 1 of 2

Where are things at with this complaint?

Question 2 of 2

Did the owner or tenant request a hearing?

Where this stands

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✓ Verified August 27, 2026 · Strata Property Act s. 135

Sources checked automatically every Monday. Last check October 5, 2026, no change found. See the record

Copied ✓

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The sequence, in the Act's own words

Section 135 of the Strata Property Act is written as a precondition, not a suggestion — the strata "must not" fine, charge back costs, or deny recreational facility use unless every step below has happened:

"...unless the strata corporation has (d) received a complaint about the contravention, (e) 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 by the owner or tenant, and (f) if the person is a tenant, given notice of the complaint to the person's landlord and to the owner." — s. 135(1)

Decision and notice come next, in its own subsection — and this is the one place a specific number could plausibly live, but doesn't:

"The strata corporation must, as soon as feasible, give notice in writing of a decision..." — s. 135(2)

The "4 weeks" claim — checked directly, not found

One secondary source states the hearing "must be before the council within four weeks of the request," presented as a hard rule. We searched the full text of both the Act and the Strata Property Regulation directly for "four weeks" and "4 weeks" — zero matches, anywhere. What the Act actually says is narrower and vaguer than that: a "reasonable opportunity to answer," with a hearing included in that opportunity if one is requested. No specific week count is stated for requesting a hearing, holding it, or deciding afterward. Treat any firm "four weeks" figure you see elsewhere as that source's practice guidance, not a quotation of the statute.

The one number that is defined is what a hearing has to look like once granted:

"For the purposes of section 135 (1) (e) of the Act, 'hearing' means an opportunity to be heard in person at a council meeting." — Strata Property Regulation s. 7.2

Two different fine-amount numbers — don't mix them up

These serve different purposes and come from different places in the legislation. One is a default that applies only if a strata hasn't changed it; the other is a ceiling that no strata's own bylaw can exceed.

Per bylaw contraventionPer rule contraventionContinuing contravention
Standard Bylaw 23 default
Applies unless your strata registered a different figure
$50$10Every 7 days (Standard Bylaw 24)
Regulatory ceiling
The most any strata's own bylaw can set, s. 7.1
$200$50Every 7 days
Short-term rental bylaws
A bylaw restricting rental as vacation/travel accommodation, s. 7.1(1)(c)
$1,000—Daily, not every 7 days

Most established stratas have amended bylaw 23 upward at some point — check your strata's own registered bylaws before assuming either the $50/$10 default or the $200/$50 ceiling applies to you. The short-term rental figure is a real, separate exception: not only is the per-contravention cap higher ($1,000), a strata may fine it daily instead of the usual every-7-days floor for an ongoing breach — which is how that exception produces a practical "up to $1,000 a day" exposure for a continuing short-term rental contravention.

The continuing-contravention exception — the part most often misread

Section 135(3) is easy to misread in either direction. It does not mean every fine needs its own fresh notice-and-hearing cycle — and it does not mean one hearing clears the strata to fine anything, forever, without limit.

"Once a strata corporation has complied with this section in respect of a contravention of a bylaw or rule, it may impose a fine or other penalty for a continuing contravention of that bylaw or rule without further compliance with this section." — s. 135(3)

Read precisely: once the full s. 135 process has been completed for a given bylaw or rule, a continuing contravention of that same bylaw or rule can keep being fined without repeating the process each time. A genuinely new, separate contravention — of a different bylaw, or a fresh instance rather than an ongoing one — still needs its own complaint, particulars, and opportunity to answer.

Why the sequence matters — courts have struck fines down over exactly this

Terry v. The Owners, Strata Plan NW 309

2016 BCCA 449

An owner had underpaid strata fees by about $5 a month for close to ten years; the strata fined her $7,210. The BC Court of Appeal confirmed that s. 135 requires strict compliance — particulars sufficient to actually identify the contravention to the owner — and that a procedural shortcut anywhere in the sequence can make the resulting fines unenforceable, regardless of whether the underlying contravention was real.

Schoffield v. Strata Corp. NW 73

[1983] B.C.J. No. 2471 (B.C.C.A.)

Continuing fines over a pet kept in violation of a no-pets bylaw were struck down because they were imposed without giving the owner an opportunity to be heard — an early, still-cited confirmation that skipping the hearing step is fatal to the fine.

Dimitrov v. Summit Square Strata Corp.

2006 BCSC 967

A strata imposed a $50 fine over a pet-bylaw contravention through a notice that also invited the owner to a later meeting to discuss it — after the fine was already imposed. The court held that a procedural defect isn't cured after the fact by offering to talk about it once the decision is already made; the opportunity to be heard has to come first.

Is there really no deadline for holding the hearing once it's requested?
None stated in the Act or the Strata Property Regulation — we checked both directly. The standard is "reasonable," which is genuinely open-ended and fact-dependent, not a hidden fixed number.
Is "as soon as feasible" for the decision notice roughly a week in practice?
We looked for a common practical interpretation and didn't find one worth stating as settled — what we did find was unrelated guidance about mail delivery time for deemed receipt, not about how quickly council must decide. Treat "as soon as feasible" as exactly that: prompt, but not tied to a specific day count anywhere we could verify.
Which fine amount actually applies to my strata?
Check your strata's own registered bylaws first. If bylaw 23 was never amended, the Standard Bylaw figures ($50/$10) apply by default. If it was amended, any figure up to the regulatory ceiling ($200/$50, or $1,000 for a short-term rental bylaw) is valid.
Does a hearing request pause the fine, or just delay when it can be imposed?
Under s. 135(1), the strata "must not" impose the fine until the complaint, particulars, and opportunity to answer (including a requested hearing) have all happened — so a validly requested hearing has to happen before any fine for that contravention, not after.
Is this legal advice?
No. It's general information based on the current legislation and reported case law, verified against the sources cited above. Given how strictly courts read this section, talk to a strata lawyer before relying on this for an actual dispute.