Is a strata entitled to a fine for failing to replace a fence?

British Columbia, Canada


The following excerpt is from The Owners, Strata Plan NW 1017 v. Ahern et al, 2019 BCCRT 617 (CanLII):

50. As for the breach of bylaw 6(3) for replacing the fence, the strata has discretion in how, or whether, to impose fines for breaching a bylaw. While that discretion is limited, it must be exercised reasonably and in the best interests of all owners. See Abdoh v. The Owners, Strata Plan KAS2003, 2014 BCCA 270. With that in mind, I find that it is unreasonable for the strata to impose a fine on the respondents for doing necessary repairs that the strata should have done.

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