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135 Complaint, Right To Answer And Notice Of Decision

In This Volume

135 (1) The strata corporation must not

  • (a) impose a fine against a person,
  • (b) require a person to pay the costs of remedying a contravention, or
  • (c) deny a person the use of a recreational facility
  • for a contravention of a bylaw or rule unless the strata corporation has
  • (d) received a complaint about the contravention,
  • (e) given the owner or tenant the particulars of the complaint, in writing, and a reasonable opportunity to answer the complaint, including a hearing if requested by the owner or tenant, and
  • (f) if the person is a tenant, given notice of the complaint to the person’s landlord and to the owner.
  • (2) The strata corporation must, as soon as feasible, give notice in writing of a decision on a matter referred to in subsection (1)(a), (b) or (c) to the persons referred to in subsection (1)(e) and (f).
  • (3) Once a strata corporation has complied with this section in respect of a contravention of a bylaw or rule, it may impose a fine or other penalty for a continuing contravention of that bylaw or rule without further compliance with this section.

1998-43-135, effective July 1, 2000 (B.C. Reg. 43/2000); 1999-21-28, effective July 1, 2000 (B.C. Reg. 43/2000).


“Hearing”: Section 135(1)(e)

See s. 7.2 of the Strata Property Regulation, B.C. Reg. 43/2000, at chapter 58 (Strata Property Regulations), which provides that, for the purpose of s. 135(1)(e), “hearing” refers to the opportunity to be heard in person at a council meeting.