Tenancy Application Form
Poor Jill. In her reign as president of the strata council, she had caused a law suit and levied fines which she could not collect – and all because of one Canucks fan. At the last Annual General Meeting, a bylaw banning Canucks flags on balconies was approved by a ¾ vote and she was once again elected to council, ever vigilant to police bylaw infractions.
The Canucks took top spot in the Western Conference, and to Jill’s dismay, familiar flags began to show up in unit windows and on vehicles throughout the complex as the team and fans geared up for another Stanley Cup playoff. Jill quickly scanned the Strata Property Act and found Section 125 (1) The strata corporation may make rules governing the use, safety and condition of the common property and common assets.
Jill quickly called together a few other council members for a quorum, passed a rule reading “No Canucks flags to be hung in windows”, posted it on the bulletin board and notified owners that a fine of $200 will be levied
unless all flags were removed.
Jill was right in that a strata corporation can introduce rules which are in effect until ratified at the next AGM. But was she right about this rule? No. The key words in Section 125 are “common property and common assets”.
Next month will explain how and where Jill went wrong, in more ways than one.