| < Prev | Next > |
|---|
Before a strata corporation may impose a penalty for contravening a bylaw or rule, the corporation must first comply with the following compulsory preconditions.
1. The strata council must receive “a complaint about the contravention” of a bylaw or rule. Where the contravention itself is plain and obvious, however, strata council may inform itself about the violation without the necessity of a complaint alleging injury from the breach. In one case where the bylaws required wall-to-wall carpeting to reduce noise, two owners breached the bylaw by installing laminate flooring in their strata lot. When the strata corporation applied to the court for an order to enforce the bylaw, the owners defended, in part, on the basis that no one had actually complained about noise to strata council. The court held that since the contravention alone was plain and obvious, the strata council could inform itself about the violation and enforce the bylaw. The council did not have to wait for someone to complain about noise caused by the hard flooring.[2]
Before proceeding with ...(click to read more)
Purchase a subscription today for complete instant access to The Condominium Manual online!
If you would like to take a FREE 24 hour test drive, Register today.
If you have already purchased a subscription, be sure to Login.