The owner of strata lot 12, Strata Plan EPS3456 in Richmond, receives a notice of a fine for smoking on common property, a violation of a strata bylaw. The owner disputes the fine, claiming they were not smoking. What must the strata council ensure before levying the fine?

Question: The owner of strata lot 12, Strata Plan EPS3456 in Richmond, receives a notice of a fine for smoking on common property, a violation of a strata bylaw. The owner disputes the fine, claiming they were not smoking. What must the strata council ensure before levying the fine?

Answer options: ✅ The strata council must hold a hearing with the owner where the owner has an opportunity to present their case.

• The strata manager must independently verify the complaint through surveillance footage.
• The strata council must obtain a signed affidavit from at least two witnesses.
• The owner must appeal the fine to the Civil Resolution Tribunal before any enforcement can occur.

Correct answer: The strata council must hold a hearing with the owner where the owner has an opportunity to present their case.

Explanation: Standard Bylaw 3.1(1) and Section 135(2) of the Strata Property Act require the strata corporation to give a person a reasonable opportunity to be heard before imposing a fine. This typically occurs at a council meeting.