Bylaw Complaints Require Particulars

IS THERE A REQUIRED FORM FOR A BYLAW COMPLAINT?

The Strata Property Act (SPA) does not prescribe a specific form for a bylaw complaint or provide a checklist of required information. Instead, it establishes procedural requirements that allow the person accused of a bylaw breach to understand the allegation and respond appropriately.

A well-prepared complaint benefits everyone involved. It helps Council investigate the matter, provides the alleged offender with meaningful details of the complaint, and supports a fair and transparent enforcement process.

Bylaw enforcement is one of the more challenging responsibilities of a Strata Council. While Councils have a duty to enforce the bylaws and rules of the Strata, they must also ensure that enforcement is fair and complies with the requirements of the SPA.

WHAT INFORMATION SHOULD A BYLAW COMPLAINT INCLUDE?

Section 135 of the Strata Property Act sets out the steps a Strata must follow before imposing a fine, requiring payment for the cost of remedying a contravention, or restricting access to certain recreational facilities.

Before enforcement action can be taken, the Strata must:

1. Receive a complaint.

2. Provide the owner or tenant with written particulars of the alleged contravention.

3. Allow a reasonable opportunity to respond, including a hearing if requested.

4. If the individual is a tenant, notify both them and the landlord.

Although the legislation does not specify exactly what information must be contained in the original complaint, providing sufficient detail is important because the Strata must communicate the particulars of the allegation to the affected individual.

A properly presented complaint should include:

• A description of the alleged contravention.

• The date and approximate time of the incident, if known.

• The location where the alleged contravention occurred.

• The identity or description of the individual involved, if known.

• The strata lot or unit associated with the complaint, where applicable.

• The bylaw or rule that is believed to have been breached.

• The name and contact information of the person making the complaint.

Providing these details helps Council investigate the matter and, equally importantly, allows the person receiving the complaint to understand the allegation and provide a meaningful response. Without adequate particulars, an Owner or Tenant may not be able to explain their version of events or respond to the complaint in a fair manner.

For Owners that are preparing a complaint regarding a contravention of a bylaw, it is important that they understand the limits of bylaws and have access to the current bylaws of the Strata.

PROPER BYLAW ENFORCEMENT REQUIRES A FAIR PROCESS

Bylaw enforcement is not simply about issuing fines. It is about following a fair process that protects the rights of everyone involved while promoting a respectful and well-managed strata community.

A well-documented bylaw complaint helps support a fair and effective enforcement process. While the Strata Property Act does not establish a mandatory complaint form, providing clear and detailed information assists council in meeting its legal obligations and helps ensure that owners and tenants are given a fair opportunity to respond to allegations.