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?
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.
What steps must the strata take before fining a tenant?
Section 135 bars a fine, a remedy charge or a denial of a recreational facility unless the strata has:
- received a complaint about the contravention;
- given the tenant the particulars in writing and a reasonable opportunity to answer, including a hearing if the tenant asks; and
- 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.
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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