Every strata corporation community has its challenges. Whether it’s a neighbour who refuses to follow bylaws or a unit overflowing with clutter, council members many times find themselves caught between compassion and their legal duty to enforce the bylaws. But the question is: how do you address difficult owners fairly and effectively? All while complying with the law and regulations that govern strata corporations in British Columbia.
Phil Dougan of Citadel Law, a BC lawyer who has specialized in strata law since 2018, shared his expertise on two of the most complex issues facing strata councils today: bullies and hoarders. His advice blends legal process, practical strategy, and empathy. He offers clear guidance for councils navigating tough situations.
Understanding Difficult Behavior in Strata Communities
Dougan began with an important reminder: challenging behaviour rarely happens without cause. Many “bullies” in strata settings struggle with underlying trauma, mental health conditions, or substance use. Recognizing that context doesn’t excuse bad behaviour, but it helps council respond effectively and without emotion.
“When owners act out, council’s role isn’t to get angry,” Dougan explained. “You have to be the sober second thought.”
That means following proper procedures, documenting each step, and ensuring every decision is defensible if the matter escalates to the Civil Resolution Tribunal (CRT) or Supreme Court.
The Legal Foundation: Section 135 of the Strata Property Act
At the heart of bylaw enforcement in BC is Section 135 of the Strata Property Act, which sets out the mandatory process before a strata can fine or restrict an owner.
Three steps must always happen:
- Receive a complaint. The complaint does not need to be in writing. This is especially important in bullying situations, where written complaints could expose the complainant to retaliation.
- Notify the alleged violator. The owner must receive written details of the complaint—who, what, when, and where. They also need to be informed which bylaw was breached.
- Provide a fair opportunity to respond. The owner must have reasonable time (often two to four weeks) to respond in writing or attend a hearing.
Skipping or rushing any of these steps can render the entire process invalid. If the matter ends up in court, councils that followed Section 135 precisely are almost always protected.
Conducting a Fair Hearing
When a hearing takes place, council must act like a tribunal. This means listening carefully, not debating. The complainant has already made their case through the complaint, so the hearing is the accused’s chance to respond.
If a council member is involved in the complaint, they should recuse themselves from the discussion to avoid the appearance of bias. Even the perception of unfairness can lead to overturned decisions later.
Remedies and Enforcement
After the hearing, council has several enforcement options under the Strata Property Act:
- Dismiss the complaint if unfounded.
- Impose fines (typically up to $200 per incident, or per week for ongoing issues).
- Charge back costs under Section 133 if the strata must fix a contravention, such as unauthorized renovations.
- Restrict use of shared facilities for bylaw breaches.
But there are limits. In Willson v. Highlands Strata Corp., the court ruled that endless fines amount to “punishment,” not enforcement. After several rounds of fines with no result, councils have a duty under Section 26 of the Strata Property Act to escalate by seeking a court injunction.
CRT or Court: Choosing the Right Path
When enforcement reaches the legal stage, councils can go to the Civil Resolution Tribunal (CRT) or the BC Supreme Court.
The CRT is less expensive but can take over a year to resolve cases, and its rulings don’t always follow precedent. The courts, though more costly, offer consistency, enforceability, and partial recovery of legal fees.
Dougan often recommends exploring whether a case can go directly to court, particularly when precedent and timeliness matter.
Council’s Standard of Care: Reasonable, Not Perfect
Volunteer council members often fear making mistakes, but perfection isn’t the standard. Section 31 of the Act only requires that council act honestly, in good faith, and with the care of a “reasonably prudent person.”
That means knowing when to seek expert help from lawyers or other professionals. As Dougan noted, “A plumber isn’t expected to know accounting law, and an accountant isn’t expected to fix a pipe.”
Documenting these efforts and demonstrating good faith is what protects councils legally.
Hoarding in Strata Communities: Legal Duty Meets Compassion
Few challenges test council patience like hoarding. It’s more common than many realize. It affects roughly 6% of Canadians, which means a 100-unit building might have six hoarders.
Hoarding violates Standard Bylaw 2, which requires owners to maintain their lots, and can lead to fire hazards, pest infestations, and nuisance complaints. But Dougan urges councils to understand the psychology before acting.
Many hoarders have experienced trauma or deep loss. Their possessions provide emotional comfort, so cleaning up feels like reliving that loss. Compassionate engagement, paired with firm legal action, is key.
How to Address Hoarding Legally
When hoarding becomes a safety issue, councils must still follow Section 135 to ensure due process. That means written notice, clear timelines, and opportunities for the owner to cooperate.
Councils should:
- Schedule inspections and document findings.
- Offer cleanup resources or referrals to mental health professionals.
- Use tools like the Clutter Image Rating Scale to objectively measure severity.
- Allow reasonable timeframes (such as one to six months) to improve conditions.
Owners cannot legally deny access. Under Standard Bylaw 7, the strata has the right to enter a unit with 48 hours’ notice for inspections or immediately in emergencies. Dougan advises, “Ask for forgiveness, not permission.” Proper notice is all the law requires.
If owners still refuse to act, councils can seek fire marshal orders, Public Guardian intervention, or court injunctions. In severe cases, cleanup costs can be recovered through liens under Section 133.
The Cost of Inaction
Ignoring hoarding or bullying exposes councils to serious risk. Other owners can sue for failure to enforce bylaws or maintain common property. In recent BC Supreme Court cases, council members have even faced potential personal liability for willful inaction or bad faith.
“Hoarding isn’t a human right,” Dougan said plainly. “The smell, vermin, and fire risk are a nuisance. Council has a legal duty to act.”
Prevention Through Education and Community
While legal enforcement is sometimes necessary, prevention through education and relationship-building is even more powerful.
At every annual meeting or newsletter, councils should explain bylaws, clarify what constitutes limited common property, and remind owners how complaints are handled. Most owners don’t fully understand what they bought into when they purchased a strata unit.
Community-building events, like barbecues, also go a long way. When neighbours know each other by name, conflicts tend to resolve faster and with less hostility.
Documentation Is Everything
Whether addressing a bully, a hoarder, or a chronic rule-breaker, documentation is the council’s strongest defense. Keep clear records of complaints, correspondence, meetings, and decisions.
A well-documented process proves fairness and professionalism. It also reassures other owners that council is acting responsibly and lawfully.
The Takeaway: Kindness with Backbone
Managing difficult owners in a strata community requires equal parts empathy and enforcement. Councils must stay calm, follow the law, and act in everyone’s best interest. Even when that means taking tough action.
As Dougan concluded, “You can be kind and still firm. But the status quo cannot continue. Problems only grow when ignored.”
With clear processes, documentation, and community education, BC strata councils can navigate even the toughest personalities and protect the safety, harmony, and value of their buildings.