Strata Bylaw Enforcement 

Living in a strata complex can be great – there’s always someone around to help out with the gardening or to watch your dog when you’re on vacation. But one thing that can really test the patience of residents is when someone doesn’t obey the bylaws. If you’re living in a strata complex, it’s important to know how the bylaws are enforced and what your options are if someone breaks them. 

Strata bylaws are written to ensure that strata owners abide by common laws, regulations, strata council’s policies, and strata owner’s behavior. Every strata corporation is different and their strata bylaws reflect these various shared values and lifestyles. Moreover, strata corporations can amend these strata bylaws to meet their needs. It is important to note that deviations from the Standard Bylaws must be approved by the strata council and property manager in order for them to be binding. In addition, fines may be imposed if strata owners do not adhere to the strata bylaws as created or approved. All strata owners should familiarize themselves with their strata’s corporate regulations in order to maintain a harmonious living environment with fellow neighbours.

Who must comply with bylaws and rules?

All residents in a strata complex must comply with the bylaws and rules set out in the Strata Property Act. This includes following the regulations on noise, parking, and pets, among others. If someone doesn’t obey the bylaws, they may face fines or other penalties as outlined in the Strata Property Act.

Steps must be taken by parties in dealing with complaints of alleged strata bylaw and rule violations.

Dealing with complaints of alleged bylaw and rule violations in strata is a serious matter that must be handled by the relevant parties in accordance with applicable regulations. The first step is for the resident to provide written notice outlining the bylaws or rules that have been broken. Upon receipt of this written complaint, the strata must investigate and decide how it will attempt to resolve the bylaw or rule violation.

If enforcement is necessary, it should be commensurate with the nature of the alleged violation and in accordance with provincial legislation defined by their local Strata Property Act. It’s important for all involved parties to remember that bylaws and rules exist for a reason – to ensure everyone enjoys safe and comfortable communities – which is why it’s essential these steps are taken when dealing with such situations.

Steps for Enforcing Bylaws and Rules in a Strata Corporation (BC)

1. Receive a Complaint

• The process typically begins when the strata council receives a written complaint about a bylaw or rule violation.
• The complaint can come from an owner, tenant, occupant, or the council itself.

2. Determine if a Violation May Have Occurred

• The council must review the complaint and evaluate whether it has merit.
• If necessary, they may conduct further investigation or gather evidence (e.g., photos, witness statements).

3. Notify the Alleged Offender in Writing

• If the council believes a bylaw or rule has been violated, they must send a written notice to the person (owner, tenant, or occupant) who allegedly committed the violation.
• This notice must:
  • Describe the alleged bylaw or rule violation
  • Include the specific bylaw or rule that was breached
  • Give the person a reasonable opportunity to respond in writing or request a hearing.

4. Give the Person an Opportunity to Respond

• The strata corporation must not impose a fine, penalty, or other enforcement action unless it has given the person:
  • A chance to respond in writing; or
  • A hearing, if one is requested (which must be held within 4 weeks of the request unless the person agrees to a delay).
• This step is critical to ensuring procedural fairness.

5. Council Decision

• After reviewing the person’s response or holding a hearing, the council may decide to:
  • Take no further action if the complaint is unfounded or the response is satisfactory; or
  • Impose a fine (if authorized in the bylaws);
  • Require the person to remedy the contravention (e.g., clean up an area, remove an unauthorized item); and/or
  • Seek a court or Civil Resolution Tribunal (CRT) order, especially if compliance is not achieved voluntarily.

6. Provide a Written Decision

• The council must notify the person in writing of its decision, including any fines imposed or actions required.
• The decision should include:
  • The amount of the fine (if applicable);
  • The reasoning;
  • The deadline to comply (if applicable).

7. Continuing Violations

• If the violation continues (e.g., a barking dog, illegal rental, etc.), the council may continue to impose fines, following the frequency and amounts permitted in the bylaws.
• The strata must repeat the notification and opportunity-to-respond process if the nature of the violation changes or new violations occur.

It is vitally important that bylaws, rules, and regulations are effectively enforced in order to ensure the health and safety of occupants, preserve assets, and maintain peace among the strata corporation members. When enforcing bylaws and rules, written notice must be given by an authorized strata member or property manager to inform members of the bylaw infractions or broken regulations associated with noise, parking, or other related grievances by another party. This procedure should also follow both the Strata Property Act and Personal Information Protection Act (PIPA).

As Strata Owners, Strata Councils must be aware of the strata bylaws and regulations in their province and city. Appointing a Strata Manager to perform some or most strata council functions is an attractive option that can provide relief to strata owners as well as an extra layer of protection. However, strata councils should keep in mind that they remain ultimately responsible for ensuring their strata’s obligations are met in compliance with the Strata Property Act. This means they will still need to review any initiatives proposed by the property manager and that they may still be held liable if fines arise from non-compliance with strata laws.

While strata owners should always strive to adhere to strata bylaws and rules, strata councils must have options within the strata regulations to take action when a strata owner fails to do so. Depending on the severity of the breach, a strata council may choose to give warnings, give time for strata owners to comply, or impose fines in accordance with Strata Property Regulation 7.1. Fines, which are administered by the strata’s property manager or strata council directly, should not exceed the maximum amount set out in strata corporation’s bylaws. The Standard Bylaws provide that fines can be reimposed once every seven days. This bylaw can be amended to decrease but not increase the frequency of re-imposing fines.

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