Part 38 published on 01/05/12
Administrator ordered to enforce by-laws against smoker
An administrator had been appointed, by Court order, for this 8-unit strata corporation. One of the owners complained that another owner was smoking in contravention of the by-laws. After sending letters to the smoker (demanding that the smoking stop), the administrator sought a resolution, passed by a three-quarter’s vote of the owners, to authorize the strata corporation to seek an injunction against the smoker (pursuant to Section 171 of the Strata Property Act). The resolution was defeated, whereupon the administrator said that he was powerless to act in the absence of the necessary approval from the owners. The complaining owner then applied under Section 165 of the Strata Property Act for an order that the strata corporation enforce the by-laws against the smoker.
The Court noted that the administrator had the same authority as the strata council to levy fines for by-law infractions pursuant to the provisions of the Strata Property Act, and accordingly ordered the administrator to follow those enforcement procedures. The Court added: “If fines are unsuccessful in remedying the problem, the administrator may seek injunctive relief through the further application of s.165. That course of action always remains open to the petitioners as well.”