Bylaws Rules

A robust and resilient Strata Community depends on Owners being able to predict how a bylaw will actually be enforced against them, before it is enforced. Our recommendation is that Council document its reasons whenever it declines to enforce a bylaw against one Owner, not only when it decides to enforce it against another

Choosing not to fine a bylaw complaint is not, on its own, significantly unfair, because the Act gives Council real discretion in how it enforces the bylaws. What the case law consistently punishes is not the choice itself, but a Strata that had enough information to make that choice and did not make it, whether through an unexplained refusal to reach a conclusion, an unwillingness to act on evidence it obtained itself, or no investigation at all.

The duty to accommodate is a fundamental aspect of strata governance under human rights law. It requires strata corporations to respond thoughtfully and flexibly to situations where bylaws or conditions create barriers for individuals with disabilities.