How a Strata Council can Impose Fines Effectively
The difference between paid and unpaid fines owed: Strata council bylaws and regulations need to be enforced for both the protection and upkeep of the strata community. Proper notification in the enforcement of strata rules and bylaws must be given before a fine can be levied and collected. If the procedure isn’t followed exactly as outlined in Section 135 of the Strata Property Act (SPA), owners often end up escaping paying the fines. The SPA states:
Strata Property Act (SPA), Section 135
(1) The strata corporation must not
(a) impose a fine against a person,
(b) require a person to pay the costs of remedying a contravention, or
(c) deny a person the use of a recreational facility for a contravention of a bylaw or rule unless the strata corporation has
(d) received a complaint about the contravention,
(e) given the owner or tenant the particulars of the complaint, in writing, and a reasonable opportunity to answer the complaint, including a hearing if requested by the owner or tenant, and
(f) if the person is a tenant, given notice of the complaint to the person’s landlord and to the owner.
(2) The strata corporation must, as soon as feasible, give notice in writing of a decision on a matter referred to in subsection (1) (a), (b) or (c) to the persons referred to in subsection (1) (e) and (f). Once a strata corporation has complied with this section in respect of a contravention of a bylaw or rule, it may impose a fine or other penalty for a continuing contravention of that bylaw or rule without further compliance with this section.
A complaint must precede the levy of a fine
The strata council may be aware of a violation of a regulation or bylaw either by noticing the contravention or having it brought to their attention. However, according to Section 135 (1d) of the SPA, a complaint about the violation must be received by the strata council. The complaint doesn’t have to be received in any particular medium of communication. By being aware of their property, the strata council can often ‘be on top of’ any suspected contraventions.
Strata must give written notice of the complaint
The owner or tenant to whom the complaint is directed must receive prompt written notice about the complaint from the strata council. Not only that, but as Section 135 (1e) of the SPA states, the owner or tenant must be given enough time to address the complaint before the strata council can begin to impose any fines. The required process may take a lot of time before any fines can be collected, but if this process isn’t followed to the letter, the strata council may lose out on any fines that owners would otherwise have to pay.
