All owners/residents are required to adhere to Strata Corporations rules and bylaws. In a previous post we discussed section 129 of the Strata Property Act outlining what actions a strata has when enforcing rules and bylaws.

When a Strata Corporation finds a person in violation of the rules or bylaws they must follow the process outlined in section 135 of the Strata Property Act. What this section identifies is what actions the Strata must perform before applying section 129.  

First a complaint must be received by the Strata Corporation identifying the violation. A complaint received by the Strata Corporation isn’t required to be in writing.

The strata must then provide the owner/tenant/resident with the particulars of the complaint in writing and provide a reasonable opportunity to answer the complaint. Answering the complaint can be a written reply to strata or requesting a hearing before the council regarding the complaint. All residents including tenants have the right to request a hearing before council. A hearing gives you the opportunity to explain to the council your position on the matter.  After a hearing council must “as soon as feasible” provide a written response before applying the options outlined in section 129. As a Landlord, this is why it is imperative you inform tenants of rules and bylaws to ensure they are in compliance during their tenancy. Providing the tenants with the form K and copies of the rules and bylaws prior to occupying the unit is vital to a positive tenancy.    

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