Do I need to reply to the bylaw letter?
Strata Corporations have bylaws and rules which govern the process of how the building is managed. Strata Councils have an obligation to enforce the bylaws when a complaint has been received. Section 135 of the strata property act outlines the process Strata Corporation’s and councils must follow and owner and tenant rights in responding to a complaint.
Section 135 requires the Strata Corporation to send owners and the tenants communication with the particulars of the complaint and a reasonable opportunity to answer the complaint before applying a fine or other remedy. Other remedies could be charging the cost of a repair to your strata lot or denying access to a common area when the complaint is related to that common area.
When an owner or tenant receives a bylaw infraction complaint you should respond to the complaint. Often owners receive letters and discard them believing nothing will happen. After the time frame allotted on the letter has passed, strata council is in a position to make a decision to fine you the owner, or the tenant for the infraction. Often councils are looking for owners or tenants to correct their actions and change their behaviour in accordance with the bylaws. It is important to respond to the infraction letter and explain your side of the situation so that council has all the information ensuring they are making an informed decision.
Most buildings follow the process correctly, some Strata Corporations apply fines without the proper notification. One of the most common areas for improper notice is, late or non payment of strata fees. Payment of the strata fees is a bylaw and requires Strata Corporations follow section 135 before applying a fine to your account for non payment of strata fees.
When responding to your bylaw infraction complaint council must provide the option of requesting a hearing in front of council to explain your position on the matter. You should evaluate the complaint received and decide if this warrants you requesting a hearing in order to better clarify your position. It is important for owners and tenants to understand council is not required to provide an answer at the time of the hearing. As an owner and or tenant it is important to read and respond accordingly to the complaint received.
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