Dear Condo Smarts: During the last municipal election, our strata council invoked our bylaw that states that no signs are allowed to be displayed from a strata lot or on the common property at any time.
Two owners were fined for having campaign signs and are now disputing the bylaw stating it violates their rights under Canadian Charter of Rights and Freedoms.
Our council is at a stalemate. Does our bylaw apply or is there other legislation that can help us out of this dispute ?
Dave H.
Dear Dave: Under the Canada Elections Act the answer is simple. Your bylaws cannot override section 322.
Here's what it says:
(1) No landlord or person acting on their behalf may prohibit a tenant from displaying election advertising posters on the premises to which the lease relates and no condominium corporation or any of its agents may prohibit the owner of a condominium unit from displaying election advertising posters on the premises of his or her unit. Permitted restrictions
(2) Despite subsection (1), a landlord, person, condominium corporation or agent referred to in that subsection may set reasonable conditions relating to the size or type of election advertising posters that may be displayed on the premises and may prohibit the display of election advertising posters in common areas of the building in which the premises are found.
But here's a quirk for provincial and municipal elections: The Provincial Election Act does not specifically restrict the limitation of signs or canvassing for provincial or municipal elections.
I would recommend that you have a legal review of your signage bylaw before you impose any additional fines, because the Strata Property Act stipulates a bylaw is not enforceable if it contravenes the act, its regulations, The Human Rights Code or any other enactment of law.
Tony Gioventu is executive director of the Condominium Home Owners Association. Send questions to him c/o New Homes section, Times Colonist, 2126 Douglas St., Victoria, V8T 4M2 or by e-mail at [email protected].