Why can’t we just fine them?!

The intention of this Journal entry is to clearly lay out the steps that should be followed for typical strata bylaw and rule enforcement. Some strata corporations may differ slightly in their operation; however, this process is outline in Section 135 of the Act.  

One of the many duties of the strata council is to enforce the bylaws and rules that govern the strata corporation.  Bylaw enforcement is never a fun or enjoyable function of the Council and in a perfect world (or strata), enforcement would not be needed, but that is seldom the case. 

The bylaw and rule complaint process is intended for each incident to be treated as a separate occurrence and for Council to review each case as such. Of course, when determining the appropriate enforcement measure, Council may look at past infractions to determine the reasonable enforcement (fine or otherwise). 

The process looks something like this:  

1st: Receive a complaint. 

• • Often these complaints go to either the onsite manager, Council, or the strata manager directly. Our office always encourages these complaints to be in writing and to include the date, time, description of the infraction, and what bylaw the alleged infraction is contravening. To make this process simpler, Residents & Owners are encouraged to fill out the complaint form found on our website. 
  • Complaints are always acknowledged and follow-up on in accordance with the bylaws / rules.  

2nd: Provide written notice to the alleged offender. 

• • Section 135 of the Strata Property Act provides guidelines for the written notice: 
    • Particulars of the complaint, 
    • Reasonable opportunity to answer, including a hearing if requested. 
  • As previously stated, it is important to treat each complaint as a separate incident. Even if someone is smoking multiple nights in a row, the written notice should detail the dates and times and not just have a general statement like “you have been smoking every night”. 

3rd: Review by Council at a Council Meeting

• • Decision of Council should always be made at a duly convened Council meeting to adhere to quorum requirements, and to ensure decisions are minuted. 
  • Council will review the particulars of the complaint and any received response from the alleged offender. 
  • Council should only review the particulars of this complaint and whether or not a bylaw or rule has in fact been infracted. 

4th: Make an Enforcement Decision

• • Enforcement does not always mean levy a fine. Enforcement could mean, recovering reasonable costs to clean the spill, restricting access to a common facility, or simply removing the illegally dumped items. 
  • If fines are applied. Council needs to be consistent in their application and the process. If Council historically has warned Residents for the first infraction, then fined $100 for the second, and fined $200 for infractions thereafter, be consistent and reasonable. 
  • Maximum fine amounts are determined in the Bylaws. 

5th: Written Notice of Decision

• • Council must give written notice of the enforcement decision “as soon as feasible” to the offender or alleged offender; and the landlord and owner, if the offender or alleged offender is a tenant. 

It is clear that there is a prescribed process for enforcing bylaws and rules of the strata corporation and that fines cannot just be applied at will. For more information on this topic, the BC Government Website is an excellent resource.