Section 135 of the Strata Property Act holds the strata corporation responsible to enforce the strata bylaws/rules. The Act also requires that bylaw/rule violation complaints must be received in writing. In order to assist residents that are initiating complaints of bylaw/rule violations, please follow the protocol below:
1) First, refer to strata bylaws and rules to ascertain that a bylaw/rule violation has occurred. If there is no applicable bylaw/rule violated, the Strata Property Act does not allow the Strata Corporation to take action.
2) Please complete all sections of the 'Bylaw/Rule Violations Complaint Form' (Complaint Form), otherwise, the process may be delayed. Try to be certain that the unit number from which the violation has occurred is the correct one. All buildings do not automatically have the same unit numbers directly above and below.
3) Upon receipt of the Complaint Form and verification that a valid bylaw/rule violation has occurred, a 'Bylaw/Rule Violation Warning Letter' (Warning Letter) will be sent to the alleged violator. At this point, the term `alleged' must be used as there may be a unit error or some other misunderstanding.
4) Allow time for the Warning Letter to be received and complied with (recommended two week period), then if the same bylaw/rule violation occurs again, it becomes necessary to fill in another Complaint Form. Be sure and mark the box identifying this as a 'repeat offense' and resend it to FirstService Residential.
5) Upon receipt of the Complaint Form with the repeat offence details, a 'Bylaw/Rule Violation Fine Letter' will be sent. Be aware that Section 135 of the Strata Property Act allows the recipient the right to request a hearing before council.
6) If a hearing is requested you may or may not be contacted by the strata council. Also be aware that due to the Personal Information & Protection Act, copies of correspondence will not be sent to you nor will your identity be divulged.
