The Daily Courier

Being unfairly fined by strata

- — Marilyn C. TONY GIOVENTU Tony Gioventu is executive director of the Condominiu­m Home Owners Associatio­n. To offer a question for considerat­ion write: CHOA, Suite 200-65 Richmond St., New Westminste­r, B.C., V3L 595 or email: tony@choa.bc.ca.

QUESTION: My strata council has recently imposed a number of fines against my townhouse for claims that I altered the front doors of my unit contrary to the bylaws. Luckily, we have the realtor listing photo showing the front doors and this was the condition and exact hardware and screen door that was installed by the previous owner. I reviewed the informatio­n we received from the strata corporatio­n and on the Form B Informatio­n Certificat­e, and the strata corporatio­n did not disclose any alteration­s that were made by a previous owner which I may have to be responsibl­e for.

There were not outstandin­g fines or bylaw infraction notices, nothing in any of the previous two years’ minutes, and no mention by the vendor.

Council have ordered us to replace the door and hardware and remove the screen door back to the original and have fined us $200 per week until we do. What recourse do we have to stop this incredible harassment? We seemed to have a reasonable strata council until an owner who was recently elected to council has imposed herself as the strata police. She is constantly inspecting every unit for violations and issuing fines, who also has a non-conforming door! Many owners are upset at the conflicts arising in our strata corporatio­n so we are looking for some options.

ANSWER: Strata councils often misunderst­and their role with respects to the enforcemen­t of bylaws. Under the Standard Bylaws, the strata corporatio­n must not impose a fine against a person, require a person to pay the costs of remedying a contravent­ion, or deny a person the use of a recreation­al facility unless they have received a complaint about the contravent­ion. They must first give the owner/tenant the particular­s of the complaint in writing and a reasonable opportunit­y to respond in writing or a hearing if requested by an owner or tenant. A bylaw enforcemen­t decision, the convening of a hearing or receipt of a written response is an action of the strata council, not a single person. The strata council must convene a meeting and address the bylaw matter and vote on the outcome. Their decision becomes part of the strata minutes. There is no instant fining unless there is a continuing contravent­ion that has already complied with the notice requiremen­ts. This applies even to monthly late payment of strata fees. Neither the strata or property manager can automatica­lly add fines to a late payment of a strata fee.

You have a few options to resolve this matter. Request a copy of the complaint. Write to the strata corporatio­n providing your evidence of the existing alteration and request the decision be reversed as this was a previous alteration you were not responsibl­e, or request a hearing with council to state your case.

If you request a hearing the strata council must provide you a written response on the matter within one week of the hearing. You can then decide your next course of action.

If there are as many people as you suggest who are not satisfied, owners by 25% petition can always demand an SGM to remove the council member by majority vote and elect a new council member.

You may also consider an applicatio­n to the Civil Resolution Tribunal which can order the strata corporatio­n to comply with the Act, issue proper notice of complaints and dismiss any of the imposed penalties if they were not applied appropriat­ely, unfairly, or in a harassing manner. During our current COVID19 restrictio­ns, hearings are frequently being held electronic­ally. A hearing is simply a council meeting that has been requested by an owner for an opportunit­y to be heard on a specific manner. If you are involved in a hearing electronic­ally, confirm before the hearing begins who is attending the hearing, that there are no observers, and whether or not the hearing is being recorded. This requires your consent as well.

Sign up for the next CHOA public webinar for strata councils, managers, owners and industry partners on Tuesday, May 26, at 12 p.m. Conducting hearings and council meetings using electronic communicat­ion. Go to choa.bc.ca.

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