Can a strata corporation enforce its own bylaw?

British Columbia, Canada


The following excerpt is from Barton v. The Owners, Strata Plan 1581, 2020 BCCRT 913 (CanLII):

28. While I am not bound by it, I agree with the CRT decision in Berman v. The Owners, Strata Plan EPS2470, 2019 BCCRT 179 that the strata has some discretion in enforcing bylaws. In particular the strata does not need to enforce a bylaw, even in the case of a clear breach, where the effect of that breach is trifling. There are three considerations when deciding if relief should be granted to an applicant alleging failure to enforce bylaws: the number of owners seeking relief, whether the order sought was in the best interests of the strata corporation, and whether inaction would prejudice the applicant.

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