What is the appropriate time for a Strata to impose a fine on an Owner?

Other CRT decisions deal with s. 135 of the Act, which allows a strata corporation to impose a fine on an owner. Understandably, those decisions all suggest an owner should be told as promptly and expeditiously as possible if the strata is going to impose a fine. In Zhang v. The Owners, Strata Plan LMS 2195, 2020 BCCRT 1443, the strata informed an owner approximately four months after making the decision to impose a fine, which was not “as soon as feasible”. In Hamaguchi v. The Owners, Strata Plan LMS 3146, 2018 BCCRT 307, a period of approximately 2 months between a decision about a bylaw complaint and the provision of a written decision was not “as soon as feasible.” In The Owners, Strata Plan KAS 933 v. Jacobsen, 2019 BCCRT 915, a period of a little over a month between deciding to impose a fine and informing the owner was not “as soon as feasible” in the circumstances.

In Seymour v. Allen et al, 2018 BCCRT 742, a seven month delay in informing owners of a lawsuit against the strata was not in compliance with s 167(1) of the Act, which requires a strata corporation to inform owners as soon as feasible if it is sued.