Managing a condominium or strata community involves more than maintaining buildings and common areas. Disputes can arise over noise, pets, parking, or bylaw enforcement, and how these conflicts are resolved significantly impacts community harmony.
One key resource in British Columbia is the Civil Resolution Tribunal (CRT), designed to handle many strata-related disputes efficiently and affordably.
This article explores how condo and strata boards can better manage resident complaints and disputes, with a focus on engaging the CRT when appropriate.
Understanding the Role of the Civil Resolution Tribunal (CRT)
The CRT is Canada’s first online tribunal and part of British Columbia’s public justice system, offering an accessible, affordable, and timely way to resolve disputes without the need for lawyers or court appearances. Established in 2016, the CRT handles a broad range of strata property disputes, including issues between strata corporations, owners, tenants, and strata council members.
The CRT’s mandate is to provide dispute resolution services that are speedy, economical, informal, and flexible, applying principles of law and fairness. It encourages a collaborative, problem-solving approach rather than adversarial courtroom battles. If parties cannot resolve their dispute through negotiation or facilitation, the CRT tribunal members—independent legal experts—can make binding decisions enforceable like court orders.
The CRT’s jurisdiction covers many common strata disputes, such as non-payment of strata fees, enforcement of bylaws, financial responsibility for repairs, and irregularities in strata meetings or voting. However, it does not handle disputes involving land title issues, orders to sell strata lots, or certain complex legal matters that require Supreme Court intervention.
The importance of fair dispute resolution
Fair dispute resolution is critical in maintaining trust and cooperation within a strata community. When disputes are handled transparently and impartially, residents feel heard and respected, reducing tension and fostering a positive living environment. For strata boards, applying consistent and fair processes helps uphold bylaws and community standards while minimizing costly legal battles and prolonged conflicts.
The CRT supports fairness by providing an accessible platform where all parties can participate equally, supported by clear guidelines and impartial adjudication if needed. This helps ensure disputes are resolved based on facts and legal principles rather than power imbalances or misunderstandings.
Recommended Resource: Reading and Understanding Strata Financial Statements
Common Types of Disputes
Strata communities do have their benefits, however, there are still common disputes that come up from residents sharing common spaces and governance structures. Understanding these common dispute types helps you as a strata council member better navigate challenges.
Noise Complaints and Nuisance Issues
Noise disputes represent one of the most frequent sources of conflict in strata communities. These complaints typically involve excessive noise from music, televisions, parties, footsteps, renovations, or loud conversations that disturb neighbouring units. The challenge often lies in balancing residents’ rights to reasonable enjoyment of their homes with their neighbors’ rights to peaceful living.
The CRT frequently addresses cases where noise bylaws are either too vague to enforce effectively or where enforcement has been inconsistent across similar situations.
Relevant CRT Cases
- Children’s noise complaints – toddler’s footsteps and dropping toys
- Burnaby strata owner claims $10K in damages for neighbour’s noise
- Noise complaint involving flooring
Smoking and Environmental Concerns
Second-hand smoke migration (cigarettes, cannabis, and other narcotics) between units and into common areas has become an increasingly contentious issue, especially as health awareness grows and smoking restrictions expand.
Odour complaints extend beyond smoking to include cooking smells, pet odours, and chemical sensitivities. The CRT has addressed cases where smoking bans were implemented retroactively, affecting existing residents’ established practices, and where medical exemptions for marijuana use conflict with no-smoking bylaws.
Relevant CRT Cases
Pet-Related Conflicts
Pet disputes encompass a wide range of issues beyond simple bylaw violations. Common conflicts include unauthorized pets, disputes over pet size and breed restrictions, aggressive animal behavior, noise from barking or other pet sounds, damage to common property, and inadequate waste cleanup.
These cases often involve emotional attachments and can become particularly heated when service animals or emotional support animals are involved. The CRT has ruled on cases where pet bylaws contained ambiguous language about weight limits, breed restrictions, or grandfather clauses for existing pets when new restrictions are implemented.
Relevant CRT Cases
Parking and Vehicle Issues
Parking disputes extend beyond simple space assignments to include visitor parking abuse, oversized vehicles in standard spots, unauthorized vehicle storage, oil stains and maintenance issues, and electric vehicle charging station access. These conflicts often reflect broader issues about limited resources and changing transportation needs. The CRT addresses cases involving improperly marked spaces, disputes over parking rule changes, and conflicts between parking bylaws and accessibility requirements.
Relevant CRT Cases
Bylaw Enforcement and Governance Disputes
Inconsistent or perceived unfair enforcement of strata bylaws creates significant community tension. These disputes often involve allegations of selective enforcement, conflicts of interest among council members, improper fine procedures, and disputes over the interpretation of bylaw language. Residents may challenge the validity of bylaws themselves or the procedures used to implement them. The CRT frequently addresses cases where enforcement actions are seen as harassment or where procedural requirements under the Strata Property Act haven’t been followed properly.
Relevant CRT Cases
Financial and Administrative Conflicts
Financial disputes in strata communities often involve non-payment of strata fees, disagreements over special levies for major repairs or improvements, disputes about contractor selection and procurement processes, and conflicts over budget priorities and reserve fund management. These cases can be particularly complex when they involve large expenditures, competing priorities for limited funds, or questions about proper financial disclosure and transparency in decision-making processes.
Relevant CRT Cases
- Charges for unauthorized fence rebuilding and fines for gas line access issues
- Water tank leak causing damage to multiple locations with chargeback dispute
Where the CRT Comes In
The CRT is often involved in these disputes because they are common, affect residents’ quality of life, and fall within the tribunal’s jurisdiction to interpret and enforce strata bylaws and the Strata Property Act. For example, the CRT has ruled on pet bylaw disputes where vague language led to challenges in enforcement.
Recommended Resource: Annual General Meetings (AGMs) & Special General Meetings (SGMs): Best Practices
The CRT Resolution Process
The CRT has revolutionized strata dispute resolution in British Columbia by creating Canada’s first online tribunal designed specifically for accessible, efficient, and cost-effective conflict resolution. Here are the steps to resolution if this route is taken:
Stage 1: Application Submission and Initial Assessment
The resolution process begins when a party submits a comprehensive online application through the CRT’s user-friendly digital platform. Applicants provide detailed information about their dispute, including relevant background, specific issues, desired outcomes, and supporting documentation. The system guides users through each step with plain-language prompts and helpful explanations, making the process accessible even to those without legal training.
During this stage, the CRT conducts a thorough jurisdictional review to ensure the dispute falls within its authority under the Strata Property Act and meets filing requirements. The tribunal automatically notifies all parties involved, providing them with secure access to the case file and establishing clear timelines for response. The application fee is typically modest (currently $125 for most strata/condo disputes), making the process financially accessible compared to traditional court proceedings.
Stage 2: Case Management and Digital Communication
The CRT’s sophisticated case management system facilitates structured communication between parties while maintaining detailed records of all interactions. This stage emphasizes transparency and organization, with all parties having real-time access to case developments through their secure online portals. The system provides automated reminders, deadline notifications, and progress tracking to keep cases moving efficiently.
During case management, the CRT provides extensive educational resources, including guides to condo or strata law, dispute resolution best practices, and templates for common documents. Parties can upload evidence, exchange information, and communicate through the platform’s secure messaging system, creating a comprehensive digital record that supports informed decision-making throughout the process.
Stage 3: Response and Counter-Claims
Respondents receive detailed notification of claims against them and have a specified timeframe (typically 14 days) to submit their response through the online platform. The response process allows respondents to address each allegation systematically, present their perspective on the dispute, and submit supporting evidence. Failure to respond within the deadline may result in a default decision based solely on the applicant’s evidence, emphasizing the importance of timely participation.
The platform accommodates counter-claims and third-party involvement when appropriate, allowing for comprehensive resolution of related issues in a single proceeding. This integrated approach prevents the fragmentation of disputes and ensures all relevant parties can participate meaningfully in the resolution process.
Stage 4: Facilitated Resolution and Collaborative Problem-Solving
If initial negotiations don’t resolve the dispute, the CRT assigns a trained facilitator to guide parties through structured collaborative problem-solving. This stage represents a significant innovation in dispute resolution, combining the accessibility of online communication with proven alternative dispute resolution techniques. Facilitators are experienced professionals who understand both strata law and conflict resolution dynamics.
The facilitation process is designed to be flexible and responsive to parties’ needs, incorporating video conferencing, document sharing, and real-time collaboration tools. Facilitators help parties identify underlying interests, explore creative solutions, and develop mutually acceptable agreements. This stage often reveals that disputes involve miscommunication or misunderstanding rather than fundamental legal disagreements, leading to resolution rates significantly higher than traditional litigation.
The facilitated process maintains strict confidentiality, ensuring that statements made during facilitation cannot be used against parties if the case proceeds to adjudication. This protection encourages open communication and creative problem-solving without fear of prejudicing one’s position in potential future proceedings.
Stage 5: Adjudication and Tribunal Decision
When facilitation doesn’t achieve resolution, the case proceeds to adjudication by an experienced tribunal member with specialized knowledge of strata law and dispute resolution. The adjudication process maintains the online format while ensuring procedural fairness and thorough consideration of all evidence and arguments.
Tribunal members review comprehensive case files that include all documentation, evidence, and communications from previous stages. Parties may be required to participate in online hearings, which can include video conferencing for complex matters or remain entirely document-based for straightforward disputes. The tribunal’s decision-making process is transparent, with clear timelines and regular communication about case progress.
Stage 6: Decision Implementation and Enforcement
CRT decisions are comprehensive, clearly reasoned, and immediately binding on all parties. The tribunal provides detailed explanations of its findings, legal reasoning, and specific orders, helping parties understand both the outcome and the underlying legal principles. Decisions typically include practical implementation timelines and specific steps required for compliance.
The enforcement mechanism ensures CRT decisions carry the same weight as court judgments. Successful parties can register CRT orders with the Supreme Court of British Columbia for enforcement if voluntary compliance doesn’t occur. This enforcement capability gives CRT decisions real teeth while maintaining the accessibility and efficiency advantages of the online process.
Wrapping It Up
This process is designed to be user-friendly, allowing strata boards and residents to participate fully online without legal representation, reducing costs and delays.
When Should You Use the CRT?
Condo and strata boards should consider using the CRT when:
Persistent Bylaw Enforcement Issues
The CRT has jurisdiction over most strata claims in BC, of any amount, making it effective when informal enforcement fails. Use the CRT when owners repeatedly violate noise, pet, parking, or other bylaws despite progressive enforcement, or when they challenge bylaw validity or enforcement procedures. However, strict compliance with those provisions is required in order for the fines to be validly imposed, so ensure bylaws are clearly written and properly enforced.
Non-Payment of Strata Fees
The CRT efficiently collects outstanding strata fees, special levies, and properly imposed fines with reduced costs and timeframes compared to court proceedings. Document all payment demands and notices before proceeding.
Common Property and Financial Disputes
Complex disputes involving damage responsibility, maintenance costs, and cost allocation benefit from the CRT’s expertise in handling technical evidence and detailed financial analysis.
Governance and Procedural Dispute
The CRT addresses meeting irregularities, voting disputes, and council decision-making challenges, though the CRT cannot decide matters that affect land or Charter issues.
Document Access Issues
An owner is not required to justify their request or explain why they want certain documents. The CRT can order document production when boards improperly deny access under section 35 of the Strata Property Act.
Before proceeding, boards should:
- Ensure bylaws and rules are clear, precise, and legally sound, as vague bylaws may not be enforceable through the CRT.
- Attempt internal dispute resolution, including council hearings if required by the Strata Property Act.
- Communicate clearly with residents about the dispute resolution process and potential CRT involvement.
- Evaluate the cost-benefit of CRT engagement versus other dispute resolution methods.
Using the CRT is appropriate when disputes cannot be resolved internally and when the matter falls within the tribunal’s jurisdiction and monetary limits (claims up to $5,000).
Best Practices for Success
- Compile comprehensive documentation including violation notices, correspondence, meeting minutes, and expert reports
- Communicate clearly with the community about the process while maintaining confidentiality
- Consider professional legal advice for complex disputes or high-value claims
- Ensure digital evidence organization for the online format
The CRT is most effective when used for disputes that cannot be resolved internally, fall within its jurisdiction, and involve properly documented enforcement efforts with clear, legally compliant bylaws.
Recommended Resource: Operating & Contingency Reserve Funds for Condos & HOAs in Canada
Responding to a Claim for Dispute Resolution
When a strata board receives a claim through the CRT, it should:
- Acknowledge Receipt Promptly: Use an online portal or designated email to track claims and responses.
- Review the Claim Carefully: Understand the nature of the dispute and gather relevant documents, such as bylaws, meeting minutes, and correspondence.
- Prepare a Timely Response: Respond within the CRT’s deadlines to avoid default rulings. Responses should address each claim point factually and reference applicable bylaws or legislation.
- Engage Council Members: Inform the strata council and involve legal counsel if necessary to ensure a coordinated response.
- Communicate with the Resident: Maintain open communication to explore resolution options before escalation.
- Use the CRT’s Online Tools: Participate actively in negotiation and facilitation phases to seek amicable solutions.
- Having a clear internal process and a dedicated contact for CRT matters helps streamline responses and demonstrates the board’s commitment to fair dispute resolution.
Understanding CRT Cases From Meeting Minutes
Strata boards often record disputes and their outcomes in meeting minutes. These minutes can be valuable for:
Reviewing Past Disputes: Understanding how similar issues were resolved helps guide current decision-making.
Transparency for Residents and Buyers: Meeting minutes provide insight into community governance and dispute management.
Identifying Patterns: Repeated disputes may indicate bylaw ambiguities or enforcement challenges needing attention.
Condo Document Review Tools like the Eli Report can analyze meeting minutes to extract and summarize CRT dispute information, aiding boards and potential buyers in understanding the community’s dispute landscape. This can support proactive bylaw revisions and improve communication strategies.
Other Commonly Asked Questions
How long does the process take?
The CRT aims to resolve disputes efficiently, often within a few months, depending on the complexity and cooperation of parties. The online format and facilitation tools help speed up resolution compared to traditional courts.
Does the condo corporation need a lawyer?
Legal representation is not required at the CRT. Many strata boards handle disputes themselves using the tribunal’s online resources. However, consulting a lawyer may be advisable for complex legal matters or to review bylaws before engaging the CRT.
Other Provincial Resources
While the CRT serves British Columbia, other provinces have their own dispute resolution bodies for strata or condominium issues, such as:
Ontario: Condominium Authority Tribunal (CAT)
Alberta: Residential Tenancy Dispute Resolution Service (RTDRS) for some condo disputes
Québec: Office de la protection du consommateur for condo disputes
Boards should consult their provincial government websites for specific resources and procedures applicable to their jurisdiction.
Final Thoughts
Navigating disputes in condo and strata communities requires a balanced approach that respects residents’ rights and upholds community standards. The Civil Resolution Tribunal offers a modern, accessible, and cost-effective forum for resolving many common strata disputes, helping boards maintain harmony and fairness.
By understanding the CRT’s role, processes, and when to engage it, strata boards can better manage conflicts, reduce legal costs, and foster a cooperative living environment for all residents.