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Strata Fines for a Tenant's Bylaw Breach: Who Pays in BC
FAQBritish Columbia

Strata Fines for a Tenant's Bylaw Breach: Who Pays in BC

A strata can fine a tenant for a bylaw breach and collect from the tenant, the landlord or the owner; a landlord who pays can recover it from the tenant.

When a strata fine is levied against a tenant in BC, the strata corporation can collect it from the tenant, the tenant's landlord or the unit owner, but not more than the fine in total. If the landlord or owner pays, the tenant owes them that amount. Before any fine, the strata must give the tenant written particulars, a chance to answer and notice to the landlord and owner.

Who can a BC strata fine for a tenant's bylaw breach?

Diagram of who a BC strata may collect a tenant's fine from: tenant, landlord or owner

Under section 130 of the Strata Property Act, a strata corporation may fine a tenant if a bylaw or rule is broken by the tenant, a visitor the tenant let in, or an occupant (unless the tenant has sublet to a subtenant). The owner is fined for an occupant's breach only if the lot is not rented to a tenant.

Section 131 then makes the fine collectable from the tenant, the tenant's landlord and the owner, up to the amount of the fine in total. A landlord or owner who pays some or all of it can recover that amount from the tenant (s.131(2)). The same applies to costs the strata charges for remedying a contravention.

Pro Tip: Give the tenant the current bylaws and rules and a Form K before they move in, as section 146 requires. A tenant who has the bylaws in writing has a hard time arguing they did not know the rule.

What steps must the strata take before fining a tenant?

A strata council meeting room where a tenant can be heard

Section 135 bars a fine, a remedy charge or a denial of a recreational facility unless the strata has:

  1. received a complaint about the contravention;
  2. given the tenant the particulars in writing and a reasonable opportunity to answer, including a hearing if the tenant asks; and
  3. given notice of the complaint to the tenant's landlord and the owner.

A "hearing" means an opportunity to be heard in person at a council meeting (Strata Property Regulation s.7.2). The strata must give written notice of its decision as soon as feasible. Once it has followed these steps, it can fine a continuing contravention again without repeating them (s.135(3)).

How much can a BC strata fine a tenant?

Only up to the maximum in its own bylaws, and never above the regulation's cap. Strata Property Regulation s.7.1 limits fines to $200 per contravention of a bylaw and $50 per contravention of a rule, imposed no more often than every 7 days for a continuing contravention. A bylaw limiting short-term vacation rentals is the exception: up to $1,000 per contravention, as often as daily.

Pro Tip: When the strata sends you notice of a complaint against your tenant, forward it to the tenant the same day and keep a copy. If a fine follows, you have a paper trail for recovering it under section 131(2).

Frequently asked questions

Can the landlord deduct a strata fine from the tenant's deposit?

Not on their own say-so. A BC landlord may keep part of a deposit only with the tenant's written agreement or an RTB order. The landlord's right is that the tenant owes the amount paid (SPA s.131(2)), which can be claimed through the RTB; see BC deposits for landlords.

Can a strata evict a tenant for breaking bylaws?

Yes, in limited cases. A repeated or continuing breach of a reasonable and significant bylaw or rule allows the landlord to give a one-month cause notice (SPA s.137). If the breach also seriously interferes with another person's use and enjoyment, the strata itself may give that notice (s.138).

Can a landlord pass all strata duties to the tenant?

A landlord may assign some powers and duties to a tenant with written notice to the strata, but not the section 131 responsibility for fines and remedy costs (s.147).

Can the strata refuse to let the owner rent to this tenant?

No. Section 141 bars a strata from screening or approving tenants or otherwise restricting rentals. See what BC's 2022 rental change means and renting out a strata unit.

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Written by

Founder & CEO, Tenon10

Syed is the founder and CEO of Tenon10, an AI-native property management platform built for Canadian landlords and property managers. Before Tenon10 he was a Senior Software Engineer at Morningstar and a developer at Canadian Tire Financial Services, and he has been building rental-management software since 2020. He writes about Ontario tenancy rules, rent increases and running a small rental portfolio well.

More from Syed Maqutadir Rehman

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