Section 179 of the Strata Property Act (“the Act”) allows disputes between a strata corporation and an owner or owners to be resolved by arbitration rather than through the courts. Disputes between owners and other owners, between owners and other tenants, and between the strata corporation and tenants can also be resolved through arbitration. Note, however, that there are certain disputes respecting tenants – specifically those between a landlord and a tenant – that must be resolved by arbitration under the Residential Tenancy Act. For information on Residential Tenancy arbitrations, please contact the Residential Tenancy Office at 604-660-3456.
Arbitration under the Strata Property Act begins with one party giving the other party a Notice Beginning Arbitration (Form L) (or online form). This notice informs the other party of the nature of the dispute and proposes a method of appointing an arbitrator. The Notice Beginning Arbitration and the Notice Responding to Reply can propose appointment by the British Columbia Arbitration and Mediation Institute as the method of appointing the arbitrator. Complete the Notice Beginning Arbitration, fill in the blanks for the owner’s strata lot number and the number of the strata plan, attach the details of the dispute on a separate page or pages, and give the notice, along with the blank Notice of Reply (Form M) to the other party. The other party then has two weeks either to agree to have the arbitrator appointed by the Institute or to propose a different arbitrator or a different method of appointing an arbitrator.
If the other party is agreeable to having the Institute appoint the arbitrator, copies of the Notice Beginning Arbitration and the Notice of Reply must be provided to the Institute.