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How bylaws and rules are enforced

When there’s an alleged contravention of a bylaw or rule

Owners and tenants must comply with the bylaws and rules. The enforcement process is set out in Strata Property Act (SPA) s. 135. The process is the same regardless of whether it’s an alleged contravention of a bylaw or a rule.

A complaint must be received, preferably in writing.

  • The strata council must investigate.
  • If council determines that there is a reasonable complaint, they must send written notice of the complaint to the owner or tenant who allegedly broke the bylaw or rule. The notice gives the particulars of the complaint, the relevant bylaw or rule, and a reasonable opportunity to answer the complaint.
  • If the complaint is against a tenant, the council must provide a copy of the notice to the landlord and owner.
  • The notice must be delivered using a method permitted under SPA s. 61.
  • The alleged offender may respond in writing and/or request a hearing to speak to council at a council meeting.
  • A request for a hearing must be in writing and state the reason for the request. In accordance with SPA s. 34.1, the council must hold a council meeting to hear the applicant within 4 weeks after the request.

Council decision and enforcement options

The rationale for giving a person an opportunity to answer the complaint and be heard at a council meeting, if a hearing is requested, is the idea that council members will listen with an open mind to that which is said and make a decision after considering all the information. Council members must not make a “predetermination of the factual issues.” See McLachlan, 2008 BCCA 271.

After receiving a response and/or holding a hearing, or not receiving a response by the deadline, council makes a decision. The decision must be made at a council meeting and recorded in the minutes. Learn more about council meetings and minutes.

If council decides a bylaw or rule has been broken, they may give the person a warning, time to comply with the bylaw, or impose a penalty under SPA s. 129:

  • Impose a fine
  • Remedy a contravention under SPA s. 133, or
  • Deny a person the use of a recreation facility

What does remedy a contravention mean? Under SPA s. 133, the strata corporation may do what is reasonably necessary to remedy a contravention of its bylaws or rules, including doing work on or to a strata lot, the common property or common assets, and, removing objects from the common property or common assets. The strata corporation may require that the person pay the reasonable costs of remedying the contravention. However, the strata must first go through the same process in SPA s. 135.

The council must, as soon as feasible, give notice in writing of their decision. If the complaint was against a tenant, the council must provide a copy of the decision to the landlord and owner. If a penalty is being imposed, the decision must specify the penalty such as the amount of a fine and when payment is due.

Imposing fines and other penalties

Step 1: Send the decision letter using a method permitted under SPA s. 61.

Step 2: Wait a reasonable amount of time, at least 4 days, for the letter to be deemed received.

Step 3: Then a penalty, such as a fine, can be charged to their account.

Step 4: The strata corporation may impose a fine or other penalty for a continuing contravention of that bylaw or rule without sending the initial notice again. Council should still make enforcement decisions at council meetings and document decisions, such as imposing fines, in the minutes. Council should notify the person in writing that fines are continuing, the amount of the fines, and the frequency of the fines. Repeated contraventions are not necessarily continuing contraventions. A continuing contravention is something that is constant such an unapproved alteration or garbage stored continuously on a balcony . Contraventions such as noise are usually separate incidents and each instance must go through the entire bylaw enforcement process.

The bylaws set out the maximum amount for fines. Under Standard Bylaw 23 the strata corporation may fine an owner or tenant a maximum of:

  • $50 for each contravention of a bylaw, and
  • $10 for each contravention of a rule

The strata could amend the Standard Bylaws. The Strata Property Regulation says that the maximum amount that a strata corporation may set out in its bylaws as a fine for the contravention of a bylaw or rule is:

  • $200 for each contravention of a bylaw, and
  • $50 for each contravention of a rule

Learn more about amending bylaws.

What if the issue continues?

The strata corporation may make a claim with the Civil Resolution Tribunal for an order for the owner or tenant to stop contravening a bylaw or rule. The strata may also make a claim for an order for the owner or tenant to pay fines or remedy a contravention. See SPA s. 189.1.

SPA s. 138 gives a strata corporation the authority to issue a one-month notice to end tenancy to a tenant of a residential strata lot for a repeated or continuing contravention of a reasonable and significant bylaw or rule that seriously interferes with another person’s use and enjoyment of a strata lot, the common property or the common assets. Learn more about eviction of a tenant by the strata corporation.

Member-only resources

Log in to your account to access the following resources. *Indicates a resource for corporate members only.

  • Letter template bylaw complaint by owner or tenant
  • Letter template for notice of complaint*
  • Letter template to request a hearing
  • Letter template for bylaw enforcement decision*
  • How to enforce strata bylaws (slides)
  • How to enforce strata bylaws (webinar Q&A)*
  • Bylaw enforcement (article by Shawn M. Smith)
  • Bylaw enforcement (slides by Justin Hanson)
  • Coming soon: Bylaw enforcement tracking sheet*
  • Coming soon: Evidence worksheet for councils*
  • Coming soon: Evidence worksheet for owners and tenants
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