Can an owner in arrears vote at a strata meeting?
At registration, someone is told they cannot have a voting card because they owe the strata money. Whether that is lawful depends on two things: the strata's bylaws, and what kind of money is owed.
Last reviewed November 10, 2026, against the current Strata Property Act, Strata Property Regulation and Standard Bylaws on BC Laws.
The short answer
An owner who owes money can still vote unless the strata corporation has a bylaw saying the vote for a strata lot may not be exercised when the strata is entitled to register a lien against that lot (Strata Property Act, section 53(2)). A lien is available only for unpaid strata fees, special levies, certain work order costs and a share of a judgment. Unpaid fines do not count. Even with the bylaw, the owner may still vote on matters requiring an 80% or unanimous vote.
The rule in section 53
The default is one vote per strata lot. Section 53(2) then allows a strata corporation to provide, by bylaw, that the vote for a strata lot may not be exercised, except on matters requiring an 80% vote or unanimous vote, if the strata corporation is entitled to register a lien against that strata lot under section 116(1).
Two conditions must both be true:
- The strata has passed and filed a bylaw to that effect. The Standard Bylaws do not contain one.
- On the day of the vote, the strata is entitled to register a lien against that lot.
When is the strata "entitled to register a lien"?
Section 116 lets the strata register a lien if the owner fails to pay:
- strata fees,
- a special levy,
- reimbursement of the cost of work done under a work order (section 85), or
- the strata lot's share of a judgment against the strata corporation.
A lien is not available where:
- the amount owing is a fine or the costs of remedying a bylaw contravention,
- the money has been paid into court or to the strata in trust under section 114 because it is disputed, or
- arrangements satisfactory to the strata corporation have been made to pay the money owing.
There is also a notice step. Before registering a lien, the strata must give the owner at least two weeks' written notice demanding payment and stating that a lien may be registered if payment is not made (section 112). The Civil Resolution Tribunal has generally treated the strata as "entitled to register a lien" only once that notice has been given and the two weeks have run. A strata that has never sent the demand letter is on weak ground refusing a voting card.
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Worked examples
| Situation | Can the owner vote? |
|---|---|
| Owes $300 in fines only | Yes. Fines cannot be liened. |
| Two months behind on strata fees, strata has no arrears bylaw | Yes. |
| Two months behind on fees, bylaw exists, demand letter sent three weeks ago, nothing paid | No, except on 80% and unanimous votes. |
| Behind on a special levy, bylaw exists, payment plan agreed with council and being kept | Yes. Satisfactory arrangements have been made. |
| Disputes a chargeback for an insurance deductible | Yes. A chargeback is not strata fees or a special levy. |
| Behind on fees, bylaw exists, pays in full at the registration desk | Yes. Nothing is owing. |
Effect on quorum and petitions
Where a lot's vote may not be exercised under such a bylaw, that vote is not counted for quorum under section 48, and is not counted toward the 20% needed to demand a special general meeting (section 43) or add an agenda item (section 46), or the 25% needed to demand reconsideration of a 3/4 resolution (section 51). In a strata with many lots in arrears, that lowers the number needed for quorum.
Arrears and sitting on council
A separate provision, section 28(3), allows a bylaw providing that no person may stand for council or continue to be on council with respect to a strata lot if the strata is entitled to register a lien against that lot. Again, a bylaw is required and the same lien test applies. See who can be on council.
Good practice at registration
- Check before the day. The treasurer or manager should prepare a list of lots that are lien-eligible, with the date each demand letter was sent.
- Tell the owner early. A letter with the notice of meeting gives the owner a chance to pay.
- Accept payment at the door if your processes allow, and issue the voting card.
- Do not announce it. Arrears are personal information. Deal with it privately at the desk.
- Record totals, not names. The minutes should state the number of eligible votes, not which lots were refused.
Sample bylaw wording (have a lawyer review before adopting): The vote for a strata lot may not be exercised, except on matters requiring an 80% vote or a unanimous vote, if the strata corporation is entitled to register a lien against that strata lot under section 116(1) of the Strata Property Act.
Questions councils and owners ask
Can a strata stop an owner from voting for unpaid fines?
No. The Act allows the vote to be suspended only where the strata is entitled to register a lien, and a lien cannot be registered for fines.
Does our strata automatically have this rule?
No. It requires a bylaw passed by a 3/4 vote and filed at the Land Title Office. The Standard Bylaws do not include it.
Can an owner in arrears attend the meeting?
Yes. The bylaw affects the vote, not attendance.
Can an owner in arrears give a proxy?
A proxy can only exercise the vote the owner has. If the vote is suspended, the proxy cannot vote it.
Does the rule apply to unanimous votes?
No. Every lot may vote on matters requiring an 80% vote or a unanimous vote.
Record who was eligible, and why
When a vote is refused at the door, the minutes should show the basis. StrataMinutes prepares general meeting minutes that record eligible votes, proxies and quorum accurately.
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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
Voting Rules
Strata Liens
Arrears Collection
Quorum Rules
Proxy Voting
Council Eligibility