Can an owner withhold strata fees?
The roof has leaked for a year and council will not act, so why keep paying? It is an understandable thought. In BC it is also the fastest way to turn a strong complaint into a debt with a lien attached.
Last reviewed November 10, 2026, against the current Strata Property Act, Strata Property Regulation and Standard Bylaws on BC Laws.
The short answer
No. An owner must pay strata fees whether or not they are in a dispute with the strata corporation. The duty to contribute comes from the Strata Property Act (section 99) and the bylaws, and it is not conditional on the strata performing its own duties. An owner who withholds faces interest, a lien on the unit with legal costs added, possible loss of their vote, and a court-ordered sale. The proper remedies are a hearing, the Civil Resolution Tribunal, or paying a disputed amount in trust once proceedings begin.
Why you cannot withhold
Strata fees are each owner's share of the common expenses the owners themselves approved in the budget. Insurance, utilities and repairs have to be paid whether or not one owner is satisfied. The Act therefore makes the obligation unconditional:
- owners must contribute their strata lot's share by way of strata fees (section 99), and
- Standard Bylaw 1 requires payment on or before the first day of each month.
The tribunal and the courts have consistently declined to accept "the strata did not do its job" as a defence to a claim for unpaid fees. The two obligations are treated separately: the owner must pay, and the strata must perform, and each can be enforced.
What happens if you stop paying
- Interest, if the bylaws set a rate, up to 10% per year.
- Fines for late payment, if the bylaws provide for them.
- A demand letter giving two weeks (section 112).
- A lien on your strata lot, ranking ahead of your mortgage, with the strata's reasonable legal costs and registry fees added to what you owe (sections 116 and 118).
- Notice to your mortgage lender, if it has asked the strata for notice (section 113). Many mortgages treat unpaid strata fees as a default.
- Loss of your vote and eligibility for council, if the strata has the bylaws for it (sections 53 and 28).
- No Certificate of Payment, so you cannot sell or refinance cleanly (section 115).
- A court-ordered sale as the last step (section 117).
Meanwhile the original problem is no closer to being fixed, and the strata now has a claim against you.
StrataMinutes can take this off your plate. Money decisions are the ones owners, buyers and the tribunal read most closely. Have the minutes prepared for you, with every motion and vote count recorded. Your first month is free.
What to do instead
- Keep paying, and say in writing that you are paying under protest and reserve your rights.
- Write to council with facts, dates and photos.
- Request a hearing under section 34.1. Council must hear you within four weeks and give a written decision within a week if you asked for one.
- Gather owners. Twenty percent of the votes can demand a special general meeting or an agenda item.
- File with the Civil Resolution Tribunal. It can order the strata to repair, to enforce bylaws, to provide records, or to pay damages.
- Get advice early if your losses are significant.
See when council does not respond.
Paying a disputed amount in trust
Where the dispute is about whether you owe the money at all, such as a chargeback, a disputed levy calculation or a fee you say was wrongly assessed, section 114 offers a safe route. Once a tribunal claim, arbitration or court proceeding has started, you may pay the disputed amount to the strata corporation to hold in trust (or into court where the rules allow). The strata must hold it for the parties until the dispute is decided, cannot register a lien for it, and must issue a Certificate of Payment despite the dispute. Mark the payment clearly in writing as paid in trust under section 114.
This applies to disputed debts. It is not a way to withhold ordinary monthly fees as leverage.
"Can I deduct what the strata owes me?"
No, not on your own authority. If the strata owes you money, for example for damage to your unit from a common property failure, you need the strata's written agreement to a credit, or an order from the tribunal or a court. Deducting it yourself simply creates arrears.
Disputing fines and chargebacks
Fines and chargebacks are different from strata fees. They cannot be liened. If you dispute one, you can decline to pay it while you contest it through a hearing or the tribunal, and continue paying your fees in full. Make sure each payment is clearly marked "strata fees" for the month, so it is not applied to the disputed item. See how to dispute a strata fine.
A note for councils
When an owner withholds fees over a grievance, follow the collection policy as for anyone else, and deal with the grievance on its merits at the same time. Offer a hearing. A council that collects firmly but ignores a legitimate repair complaint will eventually answer for both at the tribunal.
Questions councils and owners ask
Is it legal to withhold strata fees in BC?
No. Fees must be paid regardless of a dispute with the strata corporation.
Can I pay my strata fees into trust?
Only a disputed amount, and only once a tribunal, arbitration or court proceeding has started, under section 114.
Can the strata lien my unit if I withhold fees?
Yes, after two weeks' written demand.
What if I dispute a fine?
Fines cannot be liened. Contest the fine through a hearing or the tribunal, and keep paying your strata fees.
What can I do if the strata will not make repairs?
Request a hearing, then apply to the Civil Resolution Tribunal for an order that the strata carry out its duty.
Build your case on the record, not on arrears
If you are documenting a dispute, the strata's minutes are key evidence. Upload a set to our free report card to see what a complete record should show.
Free for 30 days, then $29 a month. Cancel anytime.
For a 30-lot strata, that is under $1 a lot each month. Have the strata pay: free council approval kit.
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
When Council Does Not Respond
Strata Liens
Arrears Collection
Council Hearings
CRT Disputes
Strata Owner Rights