Strata Council Fines Must Be Approved by Majority, Not Imposed by One Member
In strata communities, bylaws and rules are designed to promote fairness and regulate behavior among residents. However, a recent inquiry highlights a common misconception: that strata councils are obligated to fine owners for every infraction, no matter how minor. This is not the case, as enforcement decisions require collective agreement.
Case Study: Unilateral Fining Sparks Dispute
A bareland strata council president has been insisting on imposing fines for casual violations, such as an owner parking a clean construction trailer in their driveway overnight during kitchen renovations. The president levied a $200 fine without consulting other council members, citing bylaw breaches. This action has raised concerns among owners about fairness and proper procedure, with other council members disagreeing with the approach.
According to Tony Gioventu, executive director of the Condominium Home Owners Association, strata corporations are not required to fine for infractions. Bylaws serve as a framework for community conduct, but enforcement is discretionary and must follow legal guidelines.
Legal Framework: Majority Decision Required
The Strata Property Act and standard bylaws clearly state that fines can only be imposed through a majority vote of the strata council. One member does not have the authority to enforce bylaws unilaterally. This ensures that decisions are made collectively, preventing arbitrary penalties.
Key steps in the enforcement process include:
- Providing notice of complaints to owners or tenants, allowing them to respond in writing or request a hearing.
- Avoiding instant fines, which are not enforceable under the law.
- Recording enforcement decisions in council meeting minutes to validate the process.
The Civil Resolution Tribunal has dismissed numerous fines due to improper procedures, underscoring the importance of adherence to these rules.
Practical Guidance for Strata Councils
Strata councils should evaluate requests reasonably, considering factors such as:
- Impact on other residents or common property.
- Duration of the request (e.g., short-term accommodations).
- Compliance with the BC Human Rights Code.
- Potential costs or risks to the corporation.
Using tools like TESTS (an evaluation framework) can aid in decision-making. Gioventu encourages councils to attend seminars offered by the Condominium Home Owners Association for further education on these matters.
In summary, strata councils must operate collaboratively, with fines and penalties requiring majority approval to uphold fairness and legal standards in community governance.
