What is the test for fining an owner for a violation of Strata Plan Section 135?
British Columbia, Canada
The following excerpt is from Wenn v. The Owners, Strata Plan LMS 4263, 2020 BCCRT 1452 (CanLII):
15. SPA section 135 says that before fining an owner for a bylaw contravention, the strata must give the owner written particulars of the complaint and a reasonable opportunity to respond. The requirements of section 135 must be strictly followed before a fine can be imposed, as set out in Terry v. The Owners, Strata Plan NW 309, 2016 BCCA 449, the leading case on this issue.
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