Are BC Strata Council Members Personally Liable?

Volunteering for strata council is one of the few unpaid jobs where people worry they could be sued. The good news is that British Columbia law gives council members meaningful protection — but the protection is conditional, and understanding the condition is the whole point.

The starting point: Standard Bylaw 22

Under the Schedule of Standard Bylaws, bylaw 22(1) says a council member who acts honestly and in good faith is not personally liable because of anything done or omitted in the exercise or intended exercise of any power, or the performance or intended performance of any duty, of the council.

Two limits are worth reading closely:

• The protection attaches to honesty and good faith. It is not a blanket immunity for any decision a council makes.
• Bylaw 22(2) confirms the protection does not affect a council member's liability, as an owner, for a judgment against the strata corporation. If the corporation loses a claim and has to pay, every owner — including council members — contributes as owners.

Bylaw 22 is a Standard Bylaw. Your strata corporation may have amended or replaced it, and some strata corporations have added their own indemnification bylaw that goes further. The only way to know what applies to your building is to read the bylaws actually registered against your strata plan in the Land Title Office.

What the standard of care requires

Section 31 of the Strata Property Act sets the duty. In exercising the powers and performing the duties of the strata corporation, 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 (s.31, Part 4).

Notice what s.31 does not say. It does not require council members to be engineers, accountants or lawyers. "A reasonably prudent person in comparable circumstances" is measured against other volunteer council members facing the same decision — which is exactly why getting a qualified report, minuting the reasons for a decision, and following the process in the Act tend to matter more than getting the outcome right in hindsight.

Direct answers to the questions owners actually ask

Q: Can I be sued personally for a council decision I voted for?
A council member who acted honestly and in good faith is protected from personal liability by Standard Bylaw 22, if your strata has not amended it. Claims arising from council conduct are normally brought against the strata corporation rather than individuals. Whether a particular claim could reach an individual depends on the facts, the registered bylaws and the allegations made — that is a question for a lawyer, not a rule of thumb.

Q: Am I personally on the hook if the strata loses a lawsuit?
Not personally as a council member — but yes as an owner. Bylaw 22(2) is explicit that the limitation on liability does not shield a council member from liability as an owner for a judgment against the strata corporation. Owners share common expenses through strata fees calculated under s.99.

Q: Does being paid change anything?
Remuneration doesn't remove Bylaw 22's protection, but it has its own rule. Under s.34, any remuneration paid to a council member for exercising council powers or performing council duties must be approved in advance of payment in the budget, in the bylaws, or by a resolution passed by a 3/4 vote at an annual or special general meeting.

Q: Can owners remove a council member who is causing problems?
Yes. Standard Bylaw 11 lets the strata corporation remove one or more council members by a resolution passed by a majority vote at an annual or special general meeting, unless all the owners are on the council — and the strata must then hold an election at the same meeting to replace them for the remainder of the term. Standard Bylaw 12 covers resignations and appointments by the remaining council members. Both are in the Schedule.

Insurance: what the Act requires, and what it doesn't

The Act requires the strata corporation to obtain and maintain liability insurance against liability for property damage and bodily injury (s.150, Part 9), for a minimum amount of $2,000,000 under Strata Property Regulation s.9.2.

Directors and officers (D&O) insurance is a different product. It responds to claims about management decisions — wrongful acts in governance — rather than bodily injury or property damage. Many BC strata corporations carry it, and many insurance packages bundle it, but s.150 is not what compels it. Check your own policy for whether D&O coverage exists, what it excludes, and what the deductible is.

The Act does give owners a reporting right here. Under s.154, the strata corporation must review the adequacy of its insurance annually, report on the coverage at each annual general meeting, and inform owners and tenants as soon as feasible of any material change, including any increase in a deductible. That report belongs on the AGM agenda — see BC Strata AGM Notice & Quorum Requirements for how the notice package fits together.

Separately, s.158 makes payment of a deductible on a claim against the strata's insurance a common expense, contributed through strata fees. That does not limit the corporation's capacity to sue an owner to recover the deductible where that owner is responsible for the loss — and a deductible recovered from a responsible owner is that owner's liability in full, not a cost divided by unit entitlement.

Where councils actually create exposure

In practice, risk clusters around process, not judgment:

• Enforcement shortcuts. Before imposing a fine, requiring someone to pay the costs of remedying a contravention, or denying use of a recreational facility, s.135 requires a complaint, written particulars to the owner or tenant, a reasonable opportunity to answer including a hearing if requested, notice to the landlord and owner if the person is a tenant, and written notice of the decision as soon as feasible. Skipping a step is not curable later.
• Conflict of interest in enforcement. Under s.136, if a complaint is made about a council member contravening a bylaw or rule, that member must not participate in the s.135 decision about the complaint — unless all owners are on the council.
• Poor records. Minutes that show what was considered are the practical evidence that s.31 was met.
• Decisions taken without authority. Whether a given expenditure or change needs an owners' vote depends on the fund, the purpose and the Act — get advice before assuming council can act alone.

Good process is mostly administrative discipline: proper notice, clean minutes, documented reasons, votes recorded correctly. Self-managed councils use tools like ManageStrata to keep that trail intact, and services such as SearchStrata apply AI analysis to strata documents when you need to find what your registered bylaws actually say about indemnity or council conduct. If your council decides the workload is beyond volunteers, How to Choose a Strata Management Company in BC walks through that decision, and Electronic Voting at BC Strata Meetings covers holding meetings and taking votes electronically.

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.