When a strata sues or is sued: votes, costs and what owners must be told
Most strata disputes end at the tribunal or with a letter. When one becomes a lawsuit, the Act has rules that surprise people: owners must vote to start it, everyone shares the cost, and the owner on the other side is shut out of the discussion.
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 may sue as representative of all owners only if authorized by a 3/4 vote at a general meeting (Strata Property Act, section 171), except for Small Claims collection where a bylaw dispenses with the vote. It may be sued over common property, bylaws or its own acts and omissions, and must inform owners as soon as feasible if it is. Costs and judgments are shared by unit entitlement, but an owner who is suing or being sued by the strata does not contribute and has no right to information about the suit.
When the strata wants to sue
The strata may sue as representative of all owners, except any who are being sued, about any matter affecting the strata corporation, including the interpretation or application of the Act, regulations, bylaws or rules, the common property or common assets, the use or enjoyment of a strata lot, and money owing, including fines (section 171).
- Authorization. Before the strata sues, the suit must be authorized by a resolution passed by a 3/4 vote at an annual or special general meeting.
- Who votes. A person being sued is not an eligible voter for that resolution.
- Small Claims exception. The vote is not required for a Small Claims proceeding against an owner or other person to collect money owing to the strata, including fines, if the strata has passed a bylaw dispensing with the need for authorization and its terms are met.
- Who pays. All owners, except any being sued, must contribute to the expense of suing, by unit entitlement.
The strata may also sue on behalf of one or more owners about matters affecting only their strata lots, with their written consent and a 3/4 vote, in which case only those owners pay (section 172).
Courts have dealt with the consequences of suits started without the vote, and the Act now contains a provision on the validity of suits undertaken by a strata corporation. The safe course remains to obtain the authorization first.
Tribunal claims are different
A claim at the Civil Resolution Tribunal is not a "suit" needing the 3/4 authorization. The Act applies only the cost-sharing and information rules to tribunal disputes: sections 166, 167 and 169, and the contribution rules of sections 171 and 172 (section 189.4). Council can therefore decide to start or defend a tribunal claim by motion, within its budget and spending authority. Before claiming money from an owner or tenant, the strata must still give two weeks' written demand (section 112).
StrataMinutes can take this off your plate. Most disputes are decided on the written record. Score your minutes with a free report card, or have them prepared for you.
When the strata is sued
- The strata may be sued as representative of the owners with respect to any matter relating to the common property, common assets, bylaws or rules, or involving an act or omission of the strata. An owner may sue the strata (section 163).
- The strata must inform owners as soon as feasible if it is sued (section 167).
- Tell the insurer immediately. The liability policy may provide a defence, and late notice can jeopardize coverage.
- No vote is needed to defend. Council manages the defence, taking legal advice.
- The expense of defending is shared by the owners in the same way as a judgment, except that an owner who is suing the strata does not contribute.
Judgments and who pays
A judgment against the strata corporation is a judgment against all the owners. Each strata lot's share is calculated by unit entitlement, and an owner's liability is limited to that proportionate share (section 166). An unpaid share can be liened against the strata lot (section 116). Apart from this, owners have no personal liability for the strata's management of common property, its acts or omissions, or its contracts and debts. Insurance responds first where the claim is covered.
If the strata pays an amount to an owner to satisfy that owner's claim, the owner does not share in the cost of the payment (section 169).
The owner on the other side
Where the strata sues an owner, or an owner sues the strata, that owner (section 169):
- is not liable to contribute to legal costs a court or arbitrator requires the strata to pay,
- does not have a right to information or documents relating to the suit, including legal opinions, despite being an owner, and
- does not have a right to attend those portions of any general meeting or council meeting at which the suit is dealt with or discussed.
If that owner is a council member, they must not take part in council's handling of the matter. The same rules apply in tribunal disputes.
Minutes and privilege
Litigation changes what should be written down.
- Record that council received legal advice and what it decided, not the advice.
- Deal with the suit in a closed portion of the meeting, and keep a separate, restricted record where needed.
- Record resolutions and votes fully: the authorization to sue, approval of legal budgets, settlement approvals.
- Remember the Form B must disclose any court, arbitration or tribunal proceeding in which the strata is a party, and any judgments or orders against it (section 59).
Sample minute wording: Legal matter (in camera): council received and considered legal advice regarding the claim filed against the strata corporation on March 3, 2026. MOVED and SECONDED that council instruct counsel as discussed and that owners be informed of the claim by notice this week, as required by section 167 of the Strata Property Act. CARRIED (4 in favour, 0 opposed). The council member who is a party to the claim was not present for this item.
See what not to put in minutes.
Settling
Most cases settle. Council may negotiate, but a settlement that commits the strata to significant spending, a special levy, or a change to common property needs the approvals those things normally require. Record the approval and keep the settlement agreement with the strata's contracts.
Other routes
- Arbitration under Part 10, where the parties choose it.
- Voluntary dispute resolution under Standard Bylaw 29, with everyone's consent.
- Court orders without a 3/4 vote in specific cases, such as the application to approve a safety-related special levy that fell short of 3/4 (section 173).
See CRT disputes.
Questions councils and owners ask
Does a strata need a vote to sue in BC?
Yes, a 3/4 vote at a general meeting, except for Small Claims collection where a bylaw dispenses with it.
Does a strata need a vote for a tribunal claim?
No. The 3/4 authorization requirement is not among the provisions applied to Civil Resolution Tribunal disputes.
Who pays the strata's legal costs?
All owners by unit entitlement, except an owner who is the other party to the suit.
Must owners be told if the strata is sued?
Yes, as soon as feasible.
Can an owner suing the strata see its legal advice?
No. That owner has no right to information or documents relating to the suit.
Litigation makes the record matter more
Resolutions, counts and what owners were told. StrataMinutes prepares the minutes, with care over what belongs in them.
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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
CRT Disputes
The 3/4 Vote
Council Member Liability
What Not to Put in Minutes
Arrears Collection
Significantly Unfair Decisions