Enforcing Strata Bylaws and Rules

The Strata Property Act gives strata corporations and the strata councils that run them, a number of tools to enforce strata bylaws and rules.

Warnings and Opportunities to Comply

When a strata corporation receives a complaint about the breach of a bylaw or rule, the strata council can issue a warning or provide the owner with guidance and an opportunity to comply with the bylaw or rule before any further action is taken.

Levy Fines

Strata councils commonly levy fines against owners for bylaw and rule breaches. The strata corporation’s bylaws will outline the maximum penalties that can be levied and the Strata Property Regulation outlines the maximum amount, and frequency of fines that may be imposed.

Strata Corporation May Remedy the Contravention

A strata corporation can take steps to remedy a breach of a bylaw or rule itself and then charge reasonable costs incurred in remedying the breach back to the strata lot owner. For example, a strata corporation may repair limited common property that an owner is responsible for repairing or remove goods unlawfully stored on common property, and then charge reasonable costs back to the owner.

Temporary Denial of Access to Common Recreational Facilities

The strata council may deny access to recreational facilities that are common property or common assets of the strata corporation, for a reasonable amount of time, if an owner, tenant, resident or visitor of a strata lot breaches a bylaw or rule relating to the recreational facility.

Enforcement Process

Strata councils need to keep in mind that the strata bylaw and rule enforcement process is a common source of community breakdown and litigation. Strata councils must provide owners with reasonable notice and an opportunity to respond to complaints, whether in writing or in person, prior to taking enforcement actions. Strata councils must exercise their power judiciously.

If your strata council is looking for guidance on these or any other strata matters, contact Bell Alliance.