Quick links
- BC Strata Housing: Strata council meetings – Requesting a hearing
What is a hearing?
A hearing is simply an opportunity to “be heard’ (to speak to council) at a council meeting or at a section executive meeting (if the strata has sections such as Section 1 “residential section”, Section 2 “commercial section”). Learn more about sections. A hearing is often requested during the bylaw enforcement process. Strata Property Act (SPA) s. 135 says the strata must give the owner or tenant “the particulars of the complaint, in writing, and a reasonable opportunity to answer the complaint, including a hearing if requested by the owner or tenant”. Learn more about how bylaws and rules are enforced.
A hearing is not a discussion back and forth. An owner or tenant might request a hearing to present information and may ask council to make a decision
- to reverse a fine for allegedly breaking a bylaw or rule
- to approve something such as an alteration or renovation request
- to make an accommodation of a disability under the Human Rights Code
- to accept a payment plan if they owe strata fees
- to approve a request for a parking stall or storage locker
- or any other matter
SPA s. 34.1 sets out the process for hearings. Standard Bylaw 17 (or your own bylaws if amended) provides more detail.
SPA s. 34.1 Request for Council Meeting
(1) By application in writing stating the reason for the request, an owner or tenant may request a hearing at a council meeting.
(2) If a hearing is requested under subsection (1), the council must hold a council meeting to hear the applicant within 4 weeks after the request.
(3) If the purpose of the hearing is to seek a decision of the council, the council must give the applicant a written decision within one week after the hearing.
Who can request a hearing?
An owner or tenant may request a hearing at a council meeting. The request must in writing and state the reason for the request. The request and the reason should be stated clearly.
Council must hold a council meeting “to hear the applicant” within 4 weeks after the request. Council and the owner or tenant should act reasonably when scheduling the meeting to accommodate availability. Council decides the format of the hearing which may be by electronic means if permitted by the bylaws.
A strata section does not have the right to request a hearing of the strata council under SPA s. 34.1.
Who can attend the hearing?
Hearings are usually held “in camera” with the owner or tenant that requested the hearing, council members, and a strata manager (if any).
A hearing is a council meeting, so the bylaws apply, such as Standard Bylaw 17:
(1) At the option of the council, council meetings may be held by electronic means, so long as all council members and other participants can communicate with each other.
(2) If a council meeting is held by electronic means, council members are deemed to be present in person.
(3) Owners may attend council meetings as observers.
(4) Despite subsection (3), no observers may attend those portions of council meetings that deal with any of the following:
(a) bylaw contravention hearings under section 135 of the Act.
(b) [Repealed 2022-41-27.]
(c) any other matters if the presence of observers would, in the council’s opinion, unreasonably interfere with an individual’s privacy.
An owner or tenant who requests a hearing could make a written request to council for permission to have another person attend the hearing. For example they might want a friend or family member there for emotional support, or their lawyer.
Council might approve the request for another person to attend depending on the reason for the hearing. A hearing is for the benefit of the owner or tenant who requested the hearing. If permitted to attend, the other person (friend, family member, neighbour, lawyer) has no right to speak during the hearing unless permitted by the chair. If the other person is an owner or tenant and wishes to speak to council, they could submit a written request for their own hearing.
What happens at the hearing?
At the hearing, the owner or tenant speaks and council listens. While council can ask questions for clarification, they shouldn’t interrupt or be argumentative. The purpose of a hearing is to allow the owner or tenant to speak.
After speaking, the owner or tenant leaves the meeting and council discusses the matter. An owner or tenant can give council written materials such as a statement if they want to make sure they have communicated everything they wanted to say. For example, if the hearing is about defending an alleged contravention of a bylaw or rule, the owner might provide evidence or witness statements.
The rationale for giving a person an opportunity to be heard at a council meeting is the idea that council members will listen with an open mind to that which is said and make a decision after considering all the information. Council members must not make a “predetermination of the factual issues.” See McLachlan, 2008 BCCA 271.
What happens after the hearing?
If the reason for the hearing requires council to make a decision (such as an owner or tenant’s request that the strata reverse a fine) then the strata must inform the owner or tenant (and their landlord) of council’s decision in writing within one week. When there is a hearing about enforcement of bylaws and rules, “as soon as feasible” in SPA s. 135 should be interpreted as within one week after the hearing.
Minutes are taken and decisions are recorded in the minutes. The minutes should identify only the strata lot number of an owner or tenant (not their name) in relation to sensitive matters such as bylaw contraventions or strata fee debts. Learn more about council meeting and minutes.
If the owner or tenant is not satisfied with the outcome of the hearing, they might file a claim with the Civil Resolution Tribunal (CRT). Under SPA s. 189.1 they are required to request a hearing before making a claim. A hearing doesn’t actually have to be held: just requesting a hearing meets the requirements. In some cases the CRT has waived that requirement. The strata corporation or strata section does not have to hold a hearing before filing an application with the CRT against an owner or tenant. Learn more about making a claim with the CRT.
Compliance with SPA 34.1
SPA s. 34.1 is mandatory. “If a hearing is requested under subsection (1), the council must hold a council meeting to hear the applicant within 4 weeks after the request.” While the CRT has found certain situations where a strata council might be able to decline to hold a hearing, it is recommended that strata councils and section executives should not make that determination on their own and should always comply with a request.
If a council denies a hearing or doesn’t hold the council meeting “to hear the applicant within 4 weeks after the request”, a court or tribunal might find that the strata corporation or strata section acted in a significantly unfair manner. See Lozjanin, 2019 BCCRT 481.
Whereas, the BC Supreme Court found that not providing a hearing decision within one week did not rise to the level of significant unfairness. See Simon Fraser University Foundation, 2021 BCSC 360.
Member-only resources
Log in to your account to access the following resources. *Indicates a resource for corporate members only.
- Letter template bylaw complaint by owner or tenant
- Letter template for notice of complaint*
- Letter template to request a hearing
- Letter template for bylaw enforcement decision*
