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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. A council member may make a complaint just like any other resident or owner.

  • 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.

A strata corporation has to follow the bylaw enforcement process in SPA s. 135 perfectly to be able to collect fines. These procedural requirements are strict, with no leeway. If the strata corporation fails to comply with them, the bylaw fines may be invalid. See the BC Court of Appeal decision Terry v. The Owners, Strata Plan NW 309, 2016 BCCA 449. The court found that section 135 requires a strata to identify the bylaw or rule, provide sufficient detail to call to the attention of the owner or tenant the contravention at issue, and warn of the possibility of fines. There are also about 200 Civil Resolution Tribunal (CRT) decisions that reviewed whether the strata followed the process correctly. In many cases, the CRT found that the strata did not do the steps correctly and ordered the strata to remove the fines.

How does the council investigate and assess a bylaw complaint?

The SPA does not set out procedures for assessing bylaw complaints. However, the BC Supreme Court found that the SPA allows strata corporations to deal with matters of complaints for bylaw violations as it sees fit, as long as it complies with the principles of procedural fairness and its actions are not significantly unfair to any person who appears before it. See Chorney v. Strata Plan VIS 770, 2016 BCSC 148.

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.

SPA s. 129 gives the strata options about how to enforce a bylaw or rule contravention. In other words, there is no one way for the strata to enforce its bylaws. The BC Court of Appeal has found that a strata does not need to enforce a bylaw, even in cases of a clear breach, where the effect of that breach on others is trifling. The circumstances of every bylaw or rule contravention are not the same. What is the owner’s history of bylaw and rule compliance? Did the owner apologize and commit to comply with the bylaw or rule in future? What was the impact of the breach on the strata or other residents? These are all valid considerations that could reasonably lead to different enforcement decisions for different situations. The strata is not required to fine owners for every contravention. For example, the strata could give a warning instead of a fine. Similarly a strata council doesn’t need to impose a maximum fine amount in every situation. It may consider a lesser amount or no fine. In Abdoh v. Owners of Strata Plan KAS 2003, 2013 BCSC 817 the court said that the strata corporation had a duty to enforce bylaws but “enforcement vigour must be tempered with prudence and good faith.”

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 purpose of fines is to discourage contraventions of bylaws and rules. Imposing fines alone may not serve to correct, remedy or cure violations of the bylaws. Strata councils may need to litigate an issue if repeated fines do not resolve the situation.

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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