Strata properties are governed by strata councils, which are similar to small governments, with the power to create bylaws and rules, impose fines and collect fees. The bylaws and rules set out the rights and duties of the strata council, the strata corporation and owners, and may impose restrictions on an owner's use of a strata lot. The rules and bylaws of a strata corporation must comply with the Strata Property Act.

The Strata Property Act provides for voluntary dispute resolution. Many people find mediation to be very effective in resolving disputes. If you wish to find out about using the services of one of our dispute resolution professionals to mediate a dispute, please contact us.

If the dispute is one that cannot be resolved by mediation, you may wish to consider arbitration. Section 177(3) of the Strata Property Act allows owners and strata councils to refer a dispute to arbitration if it concerns any of the following:

• the interpretation or application of the Act, the regulations, the bylaws or the rules;
• the common property or common assets;
• the use or enjoyment of a strata lot;
• money owing, including money owing as a fine, under the Act, the regulations, the bylaws or the rules;
• an action or threatened action by, or decision of, the strata corporation, including the council, in relation to an owner or tenant;
• the exercise of voting rights by a person who holds 50% or more of the votes, including proxies, at an annual or special general meeting.

If you wish to find out about using the services of one of our dispute resolution professionals to arbitrate a dispute, please contact us.

The Strata Property Act sets out a clear process for the parties to follow when commencing arbitration and deciding upon an arbitrator. If your dispute concerns a matter referred to in Section 177(3) as set out above and you wish to begin arbitration using one of our dispute resolution professionals to arbitrate the dispute, you may find out about the process and download the necessary forms here.

Pacific Centre for Dispute Resolution Inc. is a member of C.H.O.A. (Condominium Homeowners Association) www.choa.bc.ca and P.A.M.A. (Professional Association of Managing Agents) www.pama.ca