What Is a Non-Conforming Strata?
Questions about non-conforming stratas often come up when clients express interest in purchasing a duplex in Vancouver. So, what exactly is a non-conforming strata?
The short answer: It’s still a strata property—but the owners have chosen not to follow the Strata Property Act or its regulations. In Vancouver, many duplexes, triplexes, and fourplexes fall into this category.
What Is a Non-Conforming Strata?
In British Columbia, a non-conforming strata refers to a property that has been legally stratified (meaning it has more than one title under the Strata Property Act), but where the owners do not follow the rules and requirements outlined in the Act and its Regulations.
However, it's important to note that the Strata Property Act and the standard strata bylaws still apply by law—unless the bylaws were amended at some point.
Typically, non-conforming stratas:
Do not have a functioning strata council
Do not approve annual budgets
Do not hold annual general meetings (AGMs) or special general meetings (SGMs)
Do not maintain a contingency reserve fund (CRF)
Do not collect monthly strata fees (which can sound appealing but, read on…)
Key Considerations When Buying into a Non-Conforming Strata
🔍 Due Diligence is Everything
Work closely with your realtor to thoroughly review the strata plan, unit entitlement, bylaws, title documents, and any agreements between the owners. Seeking legal advice is strongly recommended to fully understand shared responsibilities.
🧑🤝🧑 Buy the House, Inherit the Neighbours
Without a contingency fund or formal strata council, any common property repairs or expenses require direct collaboration with your neighbours. If disagreements arise, there’s no formal dispute resolution process—you’ll have to work things out one-on-one.
This can become especially challenging for large shared projects such as roof replacements, windows, plumbing, or fire safety systems. There’s no way to predict how your neighbours might respond when unexpected, costly repairs come up. If possible, speak with the other owners before removing subjects. A simple conversation can often provide clarity and peace of mind.
Common Features of Non-Conforming Stratas
No Formal Strata Corporation: Typically, there's no active strata council, no contingency fund, and no monthly fees.
Shared Responsibilities: Owners are usually jointly responsible for items like the roof, exterior maintenance, and insurance—often based on unit entitlement shown on the strata plan.
Insurance Complications: Many non-conforming stratas lack a proper strata corporation insurance policy, which can surface during subject removal.
Lack of Strata Documentation: Traditional stratas provide two years' worth of documents for review. Non-conforming stratas often only have a strata plan and a copy of the standard bylaws.
📍 Real-Life Example: A Scenario in Vancouver
Imagine a duplex in East Vancouver, built in the 1970s, where each half is about 1,200 sq ft with a small backyard. It was legally stratified when built but has never held a strata meeting. Both sides are still owned by the original owners, who have had past disagreements and no longer communicate. Each owner handles repairs independently, based on their own priorities and resources.
This is a legally existing, non-conforming strata. One side of the duplex goes up for sale with the following conditions:
No strata fees
The roof is leaking and needs replacement
The exterior cladding is deteriorating
No depreciation report
No contingency reserve fund
No strata corporation insurance—only inadequate individual policies
This is a complex situation—and exactly why it’s so important to work with an experienced realtor and a real estate lawyer when considering this type of property.
If you're thinking about purchasing a duplex or another non-conforming strata in Vancouver, feel free to reach out with any questions.
Written as of April 7, 2025.
This blog is for informational purposes only and should not be relied upon for legal, investment, mortgage or other advice. It is not intended to cause or induce breach of an existing agency agreement. All information provided is deemed reliable but is not guaranteed and should be independently verified.
