Dear Tony: I am on a strata council that is promoting a bylaw that I believe has serious consequences for our community. The council wants a bylaw that gives it discretion to disable an owner’s fob for access to the building, the owner’s floor and the parking garage, if the owner violates a bylaw or does not pay fines or damages associated with bylaw enforcement.
I have tried to explain to them that owners have a right to have access to their homes, but the council refuses to listen and they are behaving like a bunch of tyrants. How do we get the message across that there are serious problems with this bylaw? Patricia N.
The Strata Property Act permits strata corporations to adopt bylaws that regulate the use and enjoyment of common property, limited common property and strata lots. The act permits the denial of access only to a recreational facility that relates to the contravention of a bylaw or rule that is associated with that facility.
For example, a strata adopted a bylaw or rule that prohibits glass objects in the pool area. An owner has been found in contravention of the bylaw or rule, and is prohibited from using the pool for a reasonable length of time.
Denying access to a strata lot or the common areas such as lobbies and elevators is not permitted by the act. There are serious risks for the strata corporation if they block an owner or tenant’s access to the strata lot.
By denying access to the strata lot, your strata is preventing a person from entering their home, risking their livelihood, their personal safety, the safety and well-being of their families or any of their pets that might be in the strata lot, their financial risks, and their ability to maintain, repair and inspect their strata lot.
Put such a decision into perspective. If an owner is denied access to the building and their strata lot because the strata council decided because of an alleged bylaw contravention that the owner should be blocked, who is going to be responsible for the personal risks to that owner or tenant because they cannot get into their unit?
They might have special medical needs and could be blocked from reaching their medication. The block might obstruct their ability to do their jobs or they might require documents or materials from their residence that relate to their work. They might have a cat or dog that requires immediate attention and will be in crisis if no one can get into the unit, or more seriously, children or other residents would not have access to the safety of their home.
Strata corporations that adopt these bylaws and enforce them place both the strata corporation and the owners and tenants at significant risk. Your strata will be exposed to claims for property damage, personal damages or complaints under the B.C. Human Rights Code.
If the strata has an owner, tenant or occupant who is causing damage to the property or poses a threat to the safety of the residents, the strata corporation may make an application to the courts for an order preventing the person from being on the property. While it is a rare, the courts have issued orders when the circumstances are in the best interest of the strata corporation.
Even if a person allegedly violates a bylaw, the strata must still give reasonable notice of the complaint, and the tenant and owner have the opportunity to respond in writing or request a hearing to dispute the matter. That enforcement cycle could easily take 14 to 60 days before the strata comes to a bylaw-enforcement decision, and even then it is only an allegation.
Tony Gioventu is the executive director of the Condominium Home Owners Association (CHOA).
