Strata liens in BC: when a strata can lien a unit, and how to remove one
A lien is the strata's strongest collection tool. It ranks ahead of the mortgage, it blocks a sale, and it can end in a court-ordered sale of the unit. Because it is strong, the Act limits when it can be used.
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 register a lien against an owner's strata lot for unpaid strata fees, special levies, the cost of work under a work order, or the lot's share of a judgment (Strata Property Act, section 116). It cannot lien for fines or for the costs of remedying a bylaw contravention. The strata must first give two weeks' written notice demanding payment (section 112). Once paid, the strata must remove the lien within one week.
What can and cannot be liened
| Can be liened (section 116(1)) | Cannot be liened |
|---|---|
| Strata fees | Fines |
| Special levies | Costs of remedying a bylaw contravention |
| Interest on late fees or levies under a valid bylaw or levy resolution | Insurance deductible chargebacks |
| Reimbursement of work done under a work order (section 85) | Move-in fees, user fees and other charges |
| The strata lot's share of a judgment against the strata | Damages not yet decided by a court or tribunal |
Interest counts because the Act says interest on late strata fees under a bylaw "forms part of the strata fees" for section 116, and the same for special levy interest (sections 107 and 108). The maximum rate is 10% per year, compounded annually (Regulation 6.8).
A lien is also not available where the disputed amount has been paid into court or to the strata in trust under section 114, or where arrangements satisfactory to the strata have been made to pay.
The steps to a lien
- Confirm the debt is one of the listed kinds, and check the ledger. Payments should have been applied properly, not diverted to fines.
- Send the demand. At least two weeks' written notice demanding payment and stating that a lien may be registered if payment is not made within that period (section 112). Give it by a method in section 61, and allow four days for deemed delivery if it is mailed or emailed.
- Notify the mortgagee if one has filed a Mortgagee's Request for Notification. The strata must send it a copy of the demand (section 113).
- Council authorizes registration by motion, identifying the strata lot by number.
- Register a Certificate of Lien (Form G) at the Land Title Office. Most stratas use a lawyer or their manager.
Sample minute wording: MOVED and SECONDED that, written demand under section 112 having been given on April 2, 2026, and the amount remaining unpaid, the strata corporation register a Certificate of Lien against strata lot 31 for unpaid strata fees and special levy instalments. CARRIED (5 in favour, 0 opposed).
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What a lien does
- It attaches to the strata lot, not just the person. A buyer cannot get clear title until it is paid.
- It has priority. The strata's lien ranks ahead of every other lien or registered charge, including mortgages, with limited exceptions: Crown liens that are not mortgages, builders liens, and to the extent the lien is for a share of a judgment (section 116(5)). That priority is why lenders pay attention.
- Costs are added. Reasonable legal costs, land title and court registry fees, and other reasonable disbursements of registering and enforcing the lien may be added to the amount owing (section 118).
- Certificates. A Certificate of Payment (Form F), needed to transfer the lot, will not be issued while money is owing, unless it is paid in trust or arrangements are made. See Form F.
- Voting and council. If the strata has the right bylaws, the lot's vote may be suspended and its owner barred from council. See voting while in arrears.
Forced sale
After registering a lien, the strata may apply to the Supreme Court for an order for the sale of the strata lot (section 117). The court considers all the circumstances. An order must give the owner time to pay, and if the amount is not paid within that time, the strata may sell the lot at a price and on terms approved by the court. Sale is a last resort and requires a lawyer, but the possibility is what makes most owners and their lenders settle the account.
Removing a lien
On receiving the amount owing, the strata corporation must within one week remove the lien by registering an Acknowledgement of Payment (Form H) at the Land Title Office (section 116(6)). An owner who has paid in full and still sees the lien on title should write to council citing that section.
If the amount is disputed, the owner can pay the disputed sum to the strata to hold in trust once tribunal, court or arbitration proceedings have started (section 114). The strata then cannot keep a lien for that amount, and the money goes to whoever wins.
If you are the owner
- Open the demand letter. The two weeks run whether or not you read it.
- Pay the fees and levy portion even if you dispute fines. Only fees and levies can be liened.
- Ask for a ledger showing how payments were applied.
- Propose a payment plan in writing. "Arrangements satisfactory to the strata" stop a lien.
- If you believe the amount is wrong, request a hearing under section 34.1.
If you are on council
Treat every owner the same way, on a written collection policy with dates. Keep discussion of individual owners' circumstances out of the minutes: lot numbers, amounts, and the motion. See arrears collection.
Questions councils and owners ask
Can a strata put a lien on my unit for unpaid fines?
No. Section 116 excludes fines and the costs of remedying a contravention.
How much notice is needed before a strata lien?
At least two weeks' written notice demanding payment and warning that a lien may be registered.
Does a strata lien rank ahead of the mortgage?
Generally yes. The strata's lien has priority over most other registered charges, with limited exceptions.
Who pays the legal costs of a lien?
Reasonable legal costs, registry fees and disbursements for registering and enforcing the lien may be added to the amount the owner owes.
How fast must a lien be removed after payment?
Within one week of the strata receiving the amount owing.
Collection decisions need a careful record
StrataMinutes records arrears and lien decisions by strata lot number, with the motion and vote, so the record is complete without exposing personal details.
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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
Arrears Collection
Form F Certificate
Voting While in Arrears
Withholding Strata Fees
Special Levies
Strata Fines