Strata chargebacks: when can a strata bill an owner for costs?
An invoice appears on your strata account: $640 for a plumber, or $25,000 for an insurance deductible. Whether you actually owe it depends on what gives the strata the right to charge you.
Last reviewed November 10, 2026, against the current Strata Property Act, Strata Property Regulation and Standard Bylaws on BC Laws.
The short answer
A BC strata corporation cannot simply add a cost to an owner's account. It needs a legal basis: a bylaw making owners responsible for that kind of cost, section 133 (reasonable costs of remedying a bylaw contravention, after the section 135 process), a written agreement such as an alteration agreement, or a court or tribunal order. For an insurance deductible, the Act lets the strata sue an owner who is responsible for the loss (section 158). Chargebacks cannot be liened.
The four legal bases
| Basis | Covers | Requirements |
|---|---|---|
| Section 133 | Reasonable costs of remedying a contravention of a bylaw or rule | A contravention, and the section 135 process: complaint, written particulars, opportunity to answer, written decision |
| A chargeback bylaw | Costs the bylaw makes owners responsible for, such as damage originating in their lot or an insurance deductible | A validly passed and filed bylaw. The claim must fit its wording. |
| An agreement | Costs relating to an alteration the owner agreed to be responsible for | A written agreement, usually a condition of approval under Standard Bylaws 5 or 6 |
| Section 158 or an order | An insurance deductible where the owner is responsible for the loss, or damages | A lawsuit or tribunal claim, and an order if the owner does not pay |
The Civil Resolution Tribunal has repeatedly held that, apart from these routes, a strata has no general power to charge an owner for repair costs or expenses. Without a bylaw or agreement creating the debt, an invoice placed on an owner's account is not enforceable.
Common chargebacks
- Plumber or drain cleaning. If the blockage or leak was in pipes that are common property, it is the strata's cost. If it was in a fixture or pipe that is part of the strata lot and serves only that lot, the owner should have arranged the repair. The strata can recover what it paid only on one of the bases above.
- Damage to common property by an owner, tenant or visitor. Standard Bylaw 3 prohibits causing damage beyond reasonable wear and tear, so this is a bylaw contravention and section 133 applies.
- Insurance deductible after a water escape. See below.
- Emergency entry and repairs to stop a leak. Often covered by a bylaw.
- Legal costs and collection costs. Costs of registering and enforcing a lien may be added by section 118. Other legal costs need a bylaw or an order.
- Move-in or move-out damage.
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Insurance deductibles
The deductible on a claim under the strata's policy is a common expense shared by all owners (section 158(1)). But that does not limit the strata's capacity to sue an owner to recover the deductible if the owner is responsible for the loss or damage that gave rise to the claim (section 158(2)). "Responsible" has been interpreted as a lower standard than negligence: where the loss originated in the owner's lot from something within the owner's control, such as a failed dishwasher hose, the owner may be responsible even without carelessness. Many stratas also have a bylaw on deductibles, and its wording may set a different test, such as negligence. Where the bylaw is narrower than the Act, stratas can find themselves held to the bylaw.
Owners should carry their own insurance that covers a strata deductible charge. See insurance deductibles.
The process council should follow
- Identify the basis. Which bylaw, section or agreement applies?
- Establish the facts. Where did the problem originate? Get the contractor's report in writing.
- Give written particulars to the owner, and to the tenant and landlord if a tenant is involved.
- Offer an opportunity to answer, including a hearing if requested. This is mandatory before requiring a person to pay the costs of remedying a contravention (section 135).
- Decide by motion at a council meeting and record it by strata lot number.
- Give written notice of the decision as soon as feasible, with the invoice.
- Collect by demand letter, then the tribunal or court if unpaid. Not by lien.
Sample minute wording: Strata lot 18: water escape of March 9. Council reviewed the plumber's report, the owner's written response and the bylaws. MOVED and SECONDED that, under bylaw 34 and section 133 of the Strata Property Act, the owner of strata lot 18 be required to pay $1,260, being the reasonable cost of emergency repairs to the common property ceiling below. CARRIED (4 in favour, 0 opposed).
Limits on chargebacks
- Reasonable costs only.
- No lien. Section 116 does not allow a lien for fines or the costs of remedying a contravention.
- Applying payments. Do not apply an owner's strata fee payments to a disputed chargeback so as to create fee arrears.
- Form F. Money owing in respect of fines and remediation costs may be included on a Certificate of Payment, but claims of damages not yet determined by a court, arbitrator or the tribunal must not be (section 115).
- Limitation periods apply, generally two years.
- Tenants. The strata may collect the costs of remedying a tenant's contravention from the tenant, the landlord and the owner, but not more than the total once (section 131).
If you receive a chargeback
Ask in writing for the bylaw or section relied on, the invoice, the contractor's report and the minutes of the decision. If you were not given particulars and a chance to respond, say so. Request a hearing under section 34.1. Keep paying your strata fees, marked as such. Tell your own insurer promptly. If council maintains the charge and you disagree, the Civil Resolution Tribunal can decide it.
Questions councils and owners ask
Can a strata charge me for a repair without a bylaw?
Generally not. The strata needs a bylaw, an agreement, section 133 after the proper process, or an order.
Can a strata charge an owner the insurance deductible?
The strata may sue an owner who is responsible for the loss to recover the deductible, and many stratas also have a bylaw allowing it to be charged.
Can a chargeback be liened?
No. Liens are limited to strata fees, special levies and the other items in section 116.
Do I get a hearing before a chargeback?
Yes, where the charge is for the costs of remedying a contravention: you must be given written particulars and a reasonable opportunity to answer, including a hearing if you ask.
Is my tenant's damage my responsibility?
The strata may collect the costs of remedying a tenant's contravention from the tenant, the landlord or the owner.
A chargeback stands or falls on the paper trail
The complaint, the notice, the hearing, the decision. StrataMinutes records each council decision properly, so the strata can show it followed the steps.
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This page is general information for BC strata corporations, not legal advice. Your strata's own filed bylaws may differ from the Standard Bylaws. See the current text of the Strata Property Act and the Strata Property Regulation on BC Laws.
Related guides
Insurance Deductibles
Water Damage Responsibility
Strata Fines
Disputing a Strata Fine
Repair Responsibility
Strata Liens