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During an election
Strata owners and councils often have questions during the campaign period leading up to a federal, provincial, or municipal election. The most common questions are about signs and whether the strata must allow canvassing in a strata building or on the strata property.
Canvassing in strata properties
Many strata owners in buildings with controlled access don’t realize that they must allow access to candidates and authorized canvassers during the campaign period. Don’t get upset. The legislation allows them to knock on doors in your building or in bare land stratas!
Canada Elections Act s. 81: Canvassing, etc., in residential areas
(1) No person who is in control of an apartment building, condominium building or other multiple-residence building or a gated community may prevent a candidate or his or her representative from
(a) in the case of an apartment building, condominium building or gated community, canvassing, between 9:00 a.m. and 9:00 p.m., at the doors to the apartments, units or houses, as the case may be; or
(b) in the case of a multiple-residence building, campaigning, between 9:00 am and 9:00 pm, in a common area in the multiple residence.
Exception
(2) Subsection (1) does not apply in respect of a person who is in control of a multiple residence building whose residents’ physical or emotional well-being may be harmed as a result of permitting canvassing or campaigning referred to in that subsection.
BC Election Act s. 228.01: Canvassing in housing cooperative, strata and rental properties says a strata corporation or individual acting on behalf of a strata corporation must not unreasonably restrict access to residential property by a candidate or an authorized canvasser for the purposes of canvassing voters and distributing candidate information from 9:00 am to 9:00 pm during the campaign period. An “authorized canvasser” means an individual authorized in writing by a candidate to canvass voters and distribute candidate information on the candidate’s behalf.
If requested by a resident, council member or manager, a candidate or authorized canvasser must produce government-issued photo identification and either proof of candidacy or a candidate’s written authorization to canvass voters and distribute candidate information.
Election signs
Many stratas have bylaws about signs. However, there are exceptions for election signs.
Residents can display “advertising posters” in their strata lot. For example, that could be a poster in the window of a condo unit, or a lawn sign on a bare land strata lot.
The strata can’t prohibit a resident from displaying election advertising posters in their unit. However, strata bylaws can set conditions such as the size of the sign and can prohibit displaying them in common areas such as a lobby or the lawn.
Canada Elections Act s. 322: Election advertising posters
Any reference to “condominium corporation” applies to strata corporation and any reference to a “condominium unit” applies to a strata lot.
(1) No landlord or person acting on their behalf may prohibit a tenant from displaying election advertising posters on the premises to which the lease relates and no condominium corporation or any of its agents may prohibit the owner of a condominium unit from displaying election advertising posters on the premises of his or her unit.
Permitted restrictions
(2) Despite subsection (1), a landlord, person, condominium corporation or agent referred to in that subsection may set reasonable conditions relating to the size or type of election advertising posters that may be displayed on the premises and may prohibit the display of election advertising posters in common areas of the building in which the premises are found.
BC Election Act s. 228.1: Tenant and strata election advertising
(1) A landlord or person acting on a landlord’s behalf must not prohibit a tenant from displaying election advertising posters on the premises to which the tenant’s tenancy agreement relates.
(2) A strata corporation or a person acting on behalf of a strata corporation must not prohibit the owner or tenant of a strata unit from displaying election advertising posters on the premises of the owner’s or tenant’s unit.
(3) Despite subsections (1) and (2), a landlord, a strata corporation or a person acting on behalf of a landlord or strata corporation may
(a) set reasonable conditions relating to the size or type of election advertising posters that may be displayed on the premises, and
(b) prohibit the display of election advertising posters in common areas of the building in which the premises are found.
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