Are strata council members personally liable?

Last reviewed November 10, 2026, against the current Strata Property Act, Strata Property Regulation and Standard Bylaws on BC Laws.

The good faith protection

Standard Bylaw 22 reads, in substance: a council member who acts honestly and in good faith is not personally liable because of anything done or omitted in the exercise or intended exercise of any power, or the performance or intended performance of any duty, of the council. It then adds that this does not affect a council member's liability, as an owner, for a judgment against the strata corporation.

Three points follow.

• The protection lives in the bylaws. If your strata has repealed or replaced Standard Bylaw 22, read what it has now.
• It covers honest mistakes: a contractor who turns out to be poor, a repair deferred a year too long, a bylaw misread.
• It does not cover dishonesty or bad faith: acting for personal benefit, hiding a conflict, deliberately ignoring the Act.

The duty you owe

Section 31 requires each council member to act honestly and in good faith with a view to the best interests of the strata corporation, and to exercise the care, diligence and skill of a reasonably prudent person in comparable circumstances. The duty is owed to the strata corporation. Courts and the Civil Resolution Tribunal have generally treated it that way, which means an individual owner unhappy with a decision normally claims against the strata corporation, not against council members personally.

"Reasonably prudent" does not mean expert. It means doing what a careful person would do: reading the documents, asking questions, getting professional advice on matters beyond council's knowledge, and following it or recording why not.

Who actually gets sued

When something goes wrong, the claim is almost always against the strata corporation. The strata may be sued as representative of the owners over the common property, bylaws or its own acts and omissions (section 163). A judgment against the strata is a judgment against all the owners, each liable for their strata lot's proportionate share (section 166). The cost of defending is shared the same way (section 167). That is why insurance matters far more than personal exposure.

Where personal exposure is real

• Undisclosed conflicts of interest. If a member with an interest in a contract fails to disclose and abstain under section 32, a court may set the contract aside, and may require the member to compensate the strata for loss if they did not act honestly and in good faith, or to pay over any profit (section 33).
• Dishonesty with strata funds.
• Defamation. Statements about an identifiable person, made with malice or beyond what council's duties require.
• Privacy breaches done knowingly.
• Acting alone without authority. A council member who signs a contract or spends money without council's authorization steps outside the protection of acting as council. Under Standard Bylaw 21 a person may not spend the strata's money without delegated authority, apart from immediately required safety repairs.

Insurance to check

• Liability insurance is mandatory for the strata corporation (section 150), covering property damage and bodily injury.
• Errors and omissions insurance for council members is optional under the Act (section 151). It covers council members' liability and expenses for errors and omissions made in exercising their powers and duties. Most strata policies include it as directors and officers coverage, but confirm it: ask the broker for the limit, whether it covers defence costs, and whether it responds to human rights and tribunal claims.

Ask to see the policy summary before or soon after joining council. The strata must review the adequacy of its insurance every year and report on it at each AGM (section 154).

Seven habits that reduce risk

1. Decide at meetings, by motion, and record the vote.
2. Record the basis for significant decisions: reports considered, quotations compared, advice received.
3. Get professional advice on legal, engineering and insurance questions.
4. Declare conflicts early and leave the room.
5. Follow the bylaw enforcement process in section 135 exactly.
6. Treat owners consistently. Unequal treatment is at the heart of most "significantly unfair" claims.
7. Do not act alone. Spend only with authority.

Good minutes are the proof of all seven. See minutes as evidence.

Questions councils and owners ask

Can I be sued personally for a strata council decision?

Anyone can be named in a claim, but a council member who acted honestly and in good faith is protected from personal liability under Standard Bylaw 22, and claims are normally against the strata corporation.

Does the strata have to insure council members?

Errors and omissions insurance is optional under the Act. Most stratas carry it, and council should confirm the coverage.

Am I liable for decisions made before I joined council?

Not personally. As an owner you share in the strata corporation's liabilities like every other owner.

What if I voted against a decision that turned out badly?

Ask that your opposing vote be recorded. The decision is still council's, and the good faith protection applies to all members who acted honestly.

Does resigning end my exposure?

Resigning ends your role going forward. It does not undo your conduct while on council, which remains protected if it was honest and in good faith.

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

Council Code of Conduct
Conflicts
Strata Insurance
Minutes as Evidence
Strata Lawsuits
New Council Member Guide