Strata Corporation Bylaws and Rules (22:X): Difference between revisions
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Strata Corporation Bylaws and Rules (22:X) (view source)
Revision as of 23:51, 3 August 2024
, 3 August→a) Fines
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Standard Bylaw 23 states that the maximum a strata lot owner or tenant can be fined is $50 for each bylaw contravention and $10 for each rule contravention. However, a strata corporation can set out in its bylaws a different maximum amount it may fine an owner or tenant for a contravention for a bylaw or rule (s 132(1)). A strata corporation can also set out in its bylaws the frequency at which fines may be imposed for a continuing contravention of a bylaw or rule (s 132(2)(b)). However, section 7.1 of the ''SPR'' limits the maximum amount a strata corporation may set out in its bylaws at $200 for each contravention of a bylaw, and $50 for each contravention of a rule, with a maximum frequency of once every seven days for a continuing contravention. A notable exception is in the case of a bylaw prohibiting or limiting the use of a residential strata lot as vacation accommodation, whereby the ''SPR'' allows a maximum fine of $1,000 to be imposed daily. | Standard Bylaw 23 states that the maximum a strata lot owner or tenant can be fined is $50 for each bylaw contravention and $10 for each rule contravention. However, a strata corporation can set out in its bylaws a different maximum amount it may fine an owner or tenant for a contravention for a bylaw or rule (s 132(1)). A strata corporation can also set out in its bylaws the frequency at which fines may be imposed for a continuing contravention of a bylaw or rule (s 132(2)(b)). However, section 7.1 of the ''SPR'' limits the maximum amount a strata corporation may set out in its bylaws at $200 for each contravention of a bylaw, and $50 for each contravention of a rule, with a maximum frequency of once every seven days for a continuing contravention. A notable exception is in the case of a bylaw prohibiting or limiting the use of a residential strata lot as vacation accommodation, whereby the ''SPR'' allows a maximum fine of $1,000 to be imposed daily. | ||
Standard Bylaw 24 states that if an activity that constitutes a contravention of a bylaw or rule continues, without interruption, for longer than seven days, a fine may be imposed every seven days. Intermittent but consistent issues like noise complaints are not a continuing contravention: see [https://canlii.ca/t/ | Standard Bylaw 24 states that if an activity that constitutes a contravention of a bylaw or rule continues, without interruption, for longer than seven days, a fine may be imposed every seven days. Intermittent but consistent issues like noise complaints are not a continuing contravention: see [https://canlii.ca/t/1q9hh ''Strata Plan VR 2000 v Grabarczyk'', 2006 BCSC 1960 (Chambers)]. | ||
The courts have been reluctant to award the total fines levied if the aggregate total fines are substantial, like in [https://www.canlii.org/en/bc/bcsc/doc/1999/1999canlii6382/1999canlii6382.html ''Kok v Strata Plan LMS 463 (Owners)'', 1999 CanLII 6382 (BCSC)], when the court said: “The imposition of fines does not serve to correct, remedy, or cure violations of the Bylaws but, rather, their purpose is to discourage violations of the Bylaws. | The courts have been reluctant to award the total fines levied if the aggregate total fines are substantial, like in [https://www.canlii.org/en/bc/bcsc/doc/1999/1999canlii6382/1999canlii6382.html ''Kok v Strata Plan LMS 463 (Owners)'', 1999 CanLII 6382 (BCSC)], when the court said: “The imposition of fines does not serve to correct, remedy, or cure violations of the Bylaws but, rather, their purpose is to discourage violations of the Bylaws. | ||
