A strata corporation cannot grant an owner or tenant a full exemption from a bylaw or rule. A strata corporation may, however, choose to delay enforcement of a bylaw or rule.
While a strata corporations has a duty to enforce its bylaws and rules, section129(2) of the Strata Property Act allows a strata corporation to issue a warning or give an owner time to comply with the bylaw or rule.
A strata corporation may provide an owner with a reasonable amount of time to comply with a bylaw or rule rather than issue an exemption from a bylaw or rule.
Section 121(1) provides that a bylaw or rule is unenforceable against all owners and tenants to the extent that the bylaw or rules contravenes the Strata Property Act, the Strata Property Regulation, the Human Rights Code or any other enactment of law. If a strata corporation determines that a bylaw or rule is in breach of section 121(1), this decision should be noted in the strata corporation minutes. A bylaw or rule should only be enforced to the extent that it is permitted under the Strata Property Act.
If an owner or tenant has requested an exemption from a bylaw or rule, if a strata corporation has previously issued an exemption and is now considering enforcing the bylaw or rule in compliance with the Strata Property Act or if a strata corporation believes that a bylaw or rules is unenforceable, it should obtain qualified legal advice before proceeding.
