Strata council hearings must protect privacy of residents
Dear Tony: We have a fairly routine schedule for our strata council meetings: we start with the meeting open to owners, but adjourn it when we need to hold a hearing to address any confidential issues.
Last month, two owners refused to leave, claiming our bylaws did not permit the strata corporation to meet without observers. One owner told us we had to have open hearings; otherwise, owners wouldn’t know what’s going on. They insisted council doesn’t have the right to make decisions about bylaw complaints behind closed doors.
At that point, council decided to leave the matter until the next meeting, but we have some issues requiring immediate attention. What’s the right way to deal with hearings?
Muriel G, Richmond
Dear Muriel: There are many different reasons why a strata corporation would conduct a hearing.
Owners may request a hearing over issues that relate to the business of the strata corporation or they may wish to have a hearing over a bylaw complaint. Owners may also request a hearing for a hardship exemption from a rental bylaw.
According to Elaine McCormack, a strata lawyer in New Westminster, “the council is solely responsible for the enforcement of bylaws. The owners in a strata are not permitted to interfere with the council’s discretion to enforce the bylaws.
“Owners can request a hearing and may also want a family member, a friend or a lawyer to attend with them. Under the Standard Bylaws, observers are not permitted for bylaw enforcement hearings, rental hardship hearings and any other time that the council considers the presence of observers would unreasonably interfere with an individual’s privacy.”
Before a strata corporation fines a person or imposes a penalty for bylaw violations, it must first notify the owner, landlord or tenant. The notice must be in writing and identify the particulars of the complaint, which include what happened and when it occurred, including any information or witnesses.
In response, the owner/tenant is entitled to respond in writing or request a hearing. If an owner or tenant requests a hearing with council, council must hold the hearing within four weeks after the request. The council must also act reasonably in scheduling the time for the hearing. For example, booking a hearing for 11 a.m. on a weekday for a working owner likely is not an option.
The purpose of the hearing is for the party to have the opportunity to present information to address the claim and challenge any of the claims made. The role of council is to conduct the hearing without observers to protect the privacy and personal information of the party.
The council may request additional information, ask questions and discuss the matter with the owner/tenant. Within one week after the hearing, the council must give its decision in writing.
Hearings and bylaw enforcement will be one of the functions of strata corporations that owners will be able to challenge under the Civil Resolution Tribunal later this year. Brush up on your hearing and bylaw enforcement knowledge. CHOA seminars this spring include a course on bylaws and hearings across the province, including Kwantlen University in Richmond on April 9. To register, call 877-353-2462, ext. 2.
Tony Gioventu is executive director of the Condominium Home Owners Association. Email him at tony@choa.bc.ca.