A Code of Conduct for BC Strata Councils

Most conflict on a strata council is not about money or maintenance — it is about behaviour. One member emails owners directly with decisions that were never made, another shares what was said in a closed-door discussion, a third argues loudly with a neighbour in the lobby. A strata council code of conduct is the usual response. It can help, but only if everyone understands what it actually is under BC law and what it cannot do.

What the Strata Property Act already requires

Before drafting anything, start with the duties that already apply to every council member in British Columbia, whether or not your strata has a code of conduct.

• Standard of care. Under section 31, each council member must act honestly and in good faith with a view to the best interests of the strata corporation, and exercise the care, diligence and skill of a reasonably prudent person in comparable circumstances. That duty is owed to the corporation — not to the owners who voted for you, and not to your own strata lot.
• Conflicts on enforcement matters. If a complaint is made that a council member contravened a bylaw or rule, section 136 says that member must not participate in the decision made under section 135 about the complaint. The only exception is where all the owners are on the council.
• Remuneration. Any pay to a council member for exercising council powers or performing council duties must be approved in advance — in the budget, in the bylaws, or by a 3/4 vote at an annual or special general meeting (section 34). A 3/4 vote means at least 3/4 of the votes cast by eligible voters present in person or by proxy who did not abstain (section 1).
• Personal liability. Standard Bylaw 22 protects a council member who acts honestly and in good faith from personal liability for anything done or omitted in the exercise or intended exercise of a council power or duty — though it does not affect their liability, as an owner, for a judgment against the strata corporation (Schedule of Standard Bylaws).

A code of conduct sits on top of these. It does not replace them, and it cannot lower the standard in section 31.

Code of conduct, bylaw, or neither? A short Q&A

Does the Strata Property Act require a council code of conduct?
No. Nothing in the Act requires one. Many councils adopt one voluntarily as a written policy they all sign at the first meeting after the AGM.

Is a signed code of conduct enforceable?
As a policy, it is a shared expectation, not a legal instrument. Fines and the cost of remedying a contravention can only be imposed for a contravention of a bylaw or rule, and only after the full process in section 135: a complaint received, written particulars given to the owner or tenant, a reasonable opportunity to answer including a hearing if requested, and written notice of the decision as soon as feasible. Skipping any of those steps is not fixable after the fact.

So should we turn it into a council member conduct bylaw?
That is a strata-by-strata decision. A bylaw amendment is ordinarily approved by a 3/4 vote at a general meeting, and it has no effect until it is filed in the Land Title Office — there is no deadline for filing, but owners and tenants must be informed of the amendment as soon as feasible after approval (section 128). Whether conduct obligations belong in a bylaw or a rule depends on what you are trying to govern; our guide to strata bylaws vs rules in BC walks through the difference.

What a workable code usually covers

These are common contents, not legal requirements:

• Confidentiality of matters discussed in camera, and of owners' personal information — handling owner data also engages BC privacy legislation.
• Decisions are the council's, not an individual's. No member speaks for the corporation or directs contractors alone unless the council delegated that.
• Conflict declaration — disclose any personal or financial interest and step out of the decision, which section 136 already requires for bylaw-contravention complaints.
• Respectful communication with owners, tenants, contractors and each other, including in email.
• Meeting discipline — attendance, and how quorum works. Under Standard Bylaw 16, quorum is scaled to council size and members must be present in person to be counted toward it (Schedule).

When behaviour does not improve

The Act does not give the council power to expel one of its own. Under Standard Bylaw 11, unless all owners are on the council, the strata corporation may remove one or more council members by a majority vote at an annual or special general meeting, and must then hold an election at that same meeting to fill the remainder of the term (Schedule). If a member resigns or is unwilling or unable to act for two or more months, the remaining members may appoint a replacement for the rest of the term — even if the absence leaves council without quorum (Standard Bylaw 12). Bear in mind that eligibility to sit on council is set by section 28 and your own bylaws, which may restrict standing where the corporation could register a lien against the lot.

Write it down, and keep it

A code of conduct is worth little if next year's council has never seen it. Record its adoption in the council minutes, and keep it with the governance documents rather than in one person's inbox — the same discipline that makes AGM minutes useful years later. That continuity is ManageStrata's premise: the council or management company can change, but the corporation's documents, minutes, votes and books belong to the strata and stay put. For councils trying to work out what their existing registered bylaws already say about conduct, tools like SearchStrata can run an AI analysis across strata documents to surface the relevant clauses. Councils running without a manager will find related ground covered in how to self-manage a strata in BC.

This article is general information about BC strata law, not legal advice; verify against the current Strata Property Act and Regulation or consult a BC strata lawyer.