An engineering report can sit in a strata file for months. Once a special levy resolution appears in the AGM package, the repair issue becomes a payment question for every owner. A parkade membrane, roof, drainage system, elevator, or building-envelope repair can’t be ignored forever, but owners still deserve a clear process before they’re asked to fund the work.
At Pathfinder Law, we begin with the written record. We look at the resolution, meeting notice, project documents, funding information, and payment schedule before reaching conclusions about a proposed levy. Through our Strata Law services, we assist owners, councils, management companies, and individuals throughout Abbotsford, Langley, Chilliwack, the Fraser Valley, and British Columbia.
You’re entitled to understand what your strata corporation is asking you to approve or pay. We’ll help you sort through the material, identify the questions worth raising, and assess the next step without adding more strain to an already difficult conversation.
Start With the Resolution
A special levy is money collected from strata lot owners for a specific purpose and shared common expense. It’s separate from regular monthly strata fees. As BC’s special-levy guidance explains, a levy can be used when an expense was not included in the annual budget or when the contingency reserve fund does not have enough money available for the work.
Regular strata fees, the contingency reserve fund, and special levies each do different jobs. We’ll look at those funding sources together when you bring us a meeting package, because a healthy reserve fund doesn’t automatically answer whether the proposed levy has been prepared properly. Our guide to strata law in British Columbia explains how finances, maintenance, bylaws, and governance often overlap in day-to-day strata living.
What the Resolution Must Include
A council can’t simply advise owners that money is needed and expect payment to follow. Under section 108 of the Strata Property Act, the resolution must set out:
- The purpose of the levy
- The total amount to be collected
- The method used to calculate each strata lot’s share
- The amount payable by each strata lot
- The payment date, or the instalment dates
You should be able to read the resolution and understand the work being funded, the total financial commitment, and the amount linked to your strata lot. Broad wording can leave owners guessing about the scope of a project, while unclear payment dates can create avoidable conflict later.
If the package refers to an engineering report, depreciation report, contractor quote, inspection, or scope of work, ask for those records. You don’t need construction expertise to request the material supporting a substantial financial decision.
The Allocation Method Sets the Voting Rule
The total amount gets attention first, but the way the strata corporation divides the cost is just as important. The allocation method determines the approval threshold.
Where owners contribute using the same method as regular strata fees, often unit entitlement, the levy generally requires a 3/4 vote at an annual general meeting or special general meeting. Where the strata corporation uses another method that fairly divides a particular expense, unanimous approval is required.
| How the levy is divided | Approval generally required |
| The same method used for regular strata fees | 3/4 vote |
| A different method that fairly divides a particular expense | Unanimous vote |
A 3/4 vote isn’t the same as support from 3/4 of every owner in the building. It’s based on eligible voters who are present in person or by proxy and who haven’t abstained. You’ll want to compare the allocation method in the resolution with the vote being requested before the meeting begins.
Strata corporations generally have to give at least two weeks’ written notice of an AGM or SGM. The notice must include the proposed wording of a resolution requiring a 3/4 or unanimous vote. Owners shouldn’t have to piece together a major financial decision from a short agenda item or a summary email.
A Passed Vote Can Still Face Reconsideration
A 3/4 resolution isn’t always ready for immediate implementation. If it passes with support from people holding less than 50 percent of the strata corporation’s total votes, the strata corporation generally cannot act on it for one week.
During that week, people holding at least 25 percent of the total votes can demand a special general meeting to reconsider the resolution. Immediate action is still permitted where there are reasonable grounds to believe it’s necessary for safety or to prevent significant loss or damage. We’ll help clients review the vote result and the timing rules where this less common situation applies.
Before the Meeting, Build a Focused File
You don’t need every document the strata corporation has. You need the material that explains the repair, the projected cost, the available funds, and the vote.
| Document | What it helps you review |
| Proposed special levy resolution | Purpose, total cost, allocation method, and payment dates |
| AGM or SGM notice | The exact vote being requested and when it will occur |
| Reports and project documents | The condition being addressed and the proposed work |
| Quotes or tender information | How the projected cost was developed |
| Budget and CRF information | Available funds and how the levy fits the financial plan |
| Earlier meeting minutes | What council and owners discussed before the proposal |
A focused file gives you a better way to ask questions. If the concern is the amount, review the reports and estimates. If the concern is the vote, review the resolution and notice. If payment timing is the issue, look at the due dates and earlier meeting minutes.
Owners can request many strata records in writing. Bylaws and rules are generally available within one week, while other records are generally available within two weeks. Keep your request clear and save the response with your file.
Questions Worth Raising
A concise question is usually more useful than a long complaint. Before the meeting, you can ask:
- What specific work is the levy funding?
- Which reports or estimates support the proposed cost?
- What money is available in the contingency reserve fund?
- How was my strata lot’s share calculated?
- What vote is required for the proposed allocation method?
- When does payment become due, and are installments available?
Our article on strata fines and bylaw enforcement in BC covers another area where notice, records, and fair process can affect the outcome. The same approach can help when a proposed levy has created tension within the community.
Councils Need a Package Owners Can Follow
Council members are often balancing a real building issue against owners’ concerns about cost and timing. The repair needs attention, but a price and a deadline won’t give owners enough context to make an informed decision.
Before bringing a levy forward, councils should gather the reports that explain the work, obtain reliable cost information, review available reserve funds, confirm the allocation method, and prepare the proposed resolution carefully. We’ll review those materials with council before notice goes out and flag issues that deserve attention.
Our strata council responsibilities guide covers the wider work councils carry out around budgets, maintenance, governance, and communication. A special levy can bring all of those responsibilities into one meeting.
A well-prepared package won’t create unanimous support in every building. It will give owners a fairer basis for assessing the project, the cost, and the funding plan. Early review can also help ensure the proposed vote matches the decision being put to owners.
Approval Does Not End the Financial Work
Once a levy passes, the strata corporation still has obligations around the money collected. It must account for special-levy funds separately, use them for the purpose set out in the resolution, and inform owners about how the funds have been spent.
Keep the resolution, meeting minutes, project updates, invoices, and financial statements together. Those records can show whether the work and spending remain connected to what owners approved.
Unused funds also have rules. Where more money was collected than required, or where money was not fully used for the approved purpose, the unused portion generally has to be returned proportionally to owners. When no owner is entitled to more than $100 in total, the strata corporation can deposit the excess in the contingency reserve fund.
Payment Demands Need a Prompt Response
Once a levy has been properly approved, owners are responsible for payment by the dates in the resolution. A strata corporation can establish interest for late payment through its bylaws or the levy resolution, within the limits set by the regulations.
If you receive a demand for an unpaid levy, don’t set it aside. Compare the demand with the approved resolution, the payment schedule, and the strata corporation’s records. Before starting a court action, arbitration, CRT collection process, or lien process, the strata corporation generally has to provide at least two weeks’ written notice demanding payment.
An unpaid special levy can support a lien against a strata lot, subject to the Act’s requirements. We’ll review the notice and supporting documents with you, so you’re not left trying to assess a possible lien issue alone.
Selling a Strata Lot With a Levy in Place
A pending or approved special levy can change the financial picture for a buyer and seller. If the levy was approved before the strata lot is conveyed, the seller generally owes the portion payable before conveyance, while the purchaser generally owes the portion payable on or after conveyance.
Buyers and sellers should review the Form B, meeting minutes, budgets, reports, approved levies, and proposed levies early in the transaction. A monthly strata fee doesn’t show the full financial picture. Our Strata Property Law services in Langley can help clients identify the strata documents and legal questions that deserve attention before completion.
When Process Concerns Need a Legal Response
A special levy can be unpopular and still be valid. Owners don’t have to support a project for a properly approved resolution to stand. Councils can also face strong opposition while following the correct legal process.
A closer review can be useful where the resolution is incomplete, the wrong voting threshold appears to have been used, the allocation method is unclear, key records have not been provided, payment terms don’t match the resolution, or levy funds appear to be used outside the approved purpose.
Start With a Council Hearing When It Fits
An owner or tenant can request a council hearing in writing and explain the reason for the request. Council must hold the hearing within four weeks. Where the request seeks a decision, council must provide a written decision within one week after the hearing.
We’ll help clients prepare a focused hearing request where it fits the circumstances. Keeping the request tied to the resolution, records, and decision being sought can lead to a more useful response.
Many strata disputes fall within the Civil Resolution Tribunal’s strata-property process, although some issues belong in a different forum. Our article on resolving strata disputes before conflict grows explains why concise, document-based communication can keep a financial disagreement from becoming a long-term community problem.
How We Help With Special Levy Questions
At Pathfinder Law, we represent strata property owners, strata councils, management companies, and individuals dealing with strata disputes. We can review special levy resolutions, meeting notices, financial records, reports, correspondence, payment demands, and sale documents that affect your position.
Where a dispute needs a formal process, our published strata-law services include Civil Resolution Tribunal matters, strata bylaw enforcement, hearings, mediation, arbitration, and BC court proceedings. Clients in the eastern Fraser Valley can also turn to our Strata Law services in Chilliwack for local support backed by our broader BC practice.
If you’ve received a special levy notice, are preparing a proposed resolution, or have concerns about a payment or vote, contact Pathfinder Law for a complimentary 20-minute telephone or videoconference consultation. We’ll listen, explain the legal context, and help you understand the next step.
Disclaimer: This article provides general information only, not legal advice. Every situation is unique. For guidance about your specific circumstances, contact Pathfinder Law for a complimentary consultation.