The Strata Property Act is Not Optional

CAN OWNERS AGREE TO BE A NON-CONFORMING STRATA?

The BC Supreme Court, in 2025, explained that Owners cannot agree or be bound by contract to act as a “non conforming strata property” or to not operate “in compliance with the Strata Property Act.”

This is consistent with our article explaining why every Strata requires a Council and general meetings. It is a very useful and clear statement because we have experience with Owners and others (Realtors, primarily) that have asked for our opinion on whether a Strata must follow the Strata Property Act.

CAN A STRATA BE EXEMPTED FROM THE STRATA BY ANOTHER LAW?

The only legal authority for a Strata to be created is under the Strata Property Act. The Act states that a Strata is created by the deposit of a strata plan. There is no other law in British Columbia that permits the creation of a Strata Corporation. This is one reason why a Strata is different from a Business Corporation or a Cooperative.

Because a Strata Corporation is created under the power of the Strata Property Act, it is only the Strata Property Act that can permit exemptions to compliance with the Strata Property Act.

DOES THE STRATA PROPERTY ACT INCLUDE NON-CONFORMING STRATAS?

There is no provision in the Strata Property Act or any legal decision stating that there are any exemptions from the Strata Property Act or any special privilege under the Strata Property Act permitting a Strata to be exempt from any provisions.

The BC Government could amend the Strata Property Act to have some Stratas exempt from some provisions of the Strata Property Act but unless those amendments are made there is no legal justification for a Strata or Owner to believe that the Strata Property Act does not apply to them.

CAN OWNERS SIGN A CONTRACT AGREEING TO NOT FOLLOW THE STRATA PROPERTY ACT?

The Strata Property Act is a “comprehensive and mandatory scheme” imposed by the public authority of the BC Government. Individuals in British Columbia do not have the legal power to decide what laws apply to them, unless the law specifically provides that power.

There is no legal way that parties to a purchase and sale agreement or to another contract have “the private power or right to fully exempt themselves” from the Strata Property Act.

This also applies to attempts to avoid the requirements of the Strata Property Act by a bylaw. However, it is important to highlight that the Strata Property Act specifically states that a bylaw is unenforceable to the extent that it contravenes the Strata Property Act. This also applies to attempts through bylaw to avoid the requirements of the Strata Property Act by trying to do indirectly things that cannot be done directly.

THE STRATA PROPERTY ACT PROVIDES AN IMPORTANT CODE FOR CONDUCT

We have written extensively about the purpose and value of the Strata Property Act. It is intended to provide a code for governance that balances the management of common issues with individual freedoms under the general principle of democracy.

Owners should not attempt or agree to avoid the requirements of the Strata Property Act. Most of our experiences indicate that the people who do not want to be forced to comply with the Strata Property Act see the necessary work and compromises to form a Strata Community as a significant burden without recognizing the value of a robust and resilient Strata Community. The goal for Owners should be to put in the work to build a Strata Community so that those relationships can mitigate the effects of disagreements and disputes. Owners should not try to avoid the Strata Property Act under a misconception that somehow that is a better alternative to having to negotiate and compromise with other Owners.