Condo Owner Confronts Strata Council Over Bylaw Fine During Absence
A Vancouver condo owner finds themselves in a perplexing dispute with their strata council, facing charges for a bylaw violation they insist could not have occurred. The owner, Carmella O., was away on holiday from December 15 to January 5 when the alleged unauthorized alteration and construction in their unit supposedly took place.
The strata council has levied a fine based on a written complaint, but when Carmella requested to see the documentation, the details were essentially blacked out. This lack of transparency has left the owner questioning how to resolve the matter without access to the specifics of the accusation.
Legal Precedents Support Owner's Right to Information
According to Tony Gioventu, executive director of the Condominium Home Owners Association, several decisions from the Civil Resolution Tribunal affirm that strata corporations must provide an unredacted copy of complaint letters upon request. Protection of privacy is not considered a valid excuse for refusal under these circumstances.
The most recent tribunal ruling, involving Strata Plan NW 1799, cites sections 35 and 36 of the Strata Property Act along with The Personal Information Protection Act (PIPA). These legal frameworks establish that owners are entitled to detailed information regarding any charges imposed by the strata, including bylaw fines, late payment penalties, interest on levies, and insurance claim charges.
Proper Procedures for Disputing Strata Charges
Gioventu outlines a clear path for owners facing similar situations. First, issue a formal demand for a hearing with the strata council, which must be convened within four weeks of the request. If the council refuses to hold the hearing or the matter remains unresolved, the owner has the right to file a claim with the Civil Resolution Tribunal to dispute the charges and seek dismissal.
In this particular case, the strata council appears to have bypassed proper procedures by issuing the fine without first providing notice of the complaint or allowing the owner an opportunity to respond in writing or through a hearing. This procedural misstep could significantly weaken the council's position in any formal dispute resolution process.
The Importance of Documentation and Transparency
Strata corporations have a legal obligation to maintain documentation supporting any charges beyond approved strata fees or special levies. This documentation must be made available to owners upon request, ensuring transparency and fairness in the administration of strata bylaws.
For strata councils, the duty extends beyond simply imposing fines. They must convene proper hearings, provide complete documentation, and dismiss allegations when evidence is lacking. Failure to follow these procedures not only violates the Strata Property Act but also undermines trust between owners and their elected representatives.
This case highlights the ongoing challenges in strata governance across British Columbia, where balancing enforcement of community rules with respect for individual rights remains a delicate matter. As more Canadians choose condominium living, understanding these legal frameworks becomes increasingly important for both owners and council members.
