The Strata Council for Strata Plan KAS9012 in Kelowna wants to enforce a bylaw against Mr. John Smith for excessive noise. After repeated warnings, the council decides to hold a bylaw enforcement hearing. What is a mandatory procedural step the strata corporation must take before levying a fine or requiring a person to pay the costs of remedying a contravention?

Question: The Strata Council for Strata Plan KAS9012 in Kelowna wants to enforce a bylaw against Mr. John Smith for excessive noise. After repeated warnings, the council decides to hold a bylaw enforcement hearing. What is a mandatory procedural step the strata corporation must take before levying a fine or requiring a person to pay the costs of remedying a contravention?

Answer options:

• Obtain a signed agreement from two other strata owners supporting the bylaw enforcement. ✅ Send a notice of the hearing to Mr. Smith at least 14 days before the hearing, outlining the complaint and giving him an opportunity to respond.
• Ensure the strata manager attends the hearing personally and presents the council's case.
• Record the hearing verbatim with a stenographer and provide Mr. Smith with a copy of the transcript within 7 days.

Correct answer: Send a notice of the hearing to Mr. Smith at least 14 days before the hearing, outlining the complaint and giving him an opportunity to respond.

Explanation: Section 135(1)(b) of the Strata Property Act mandates that before a strata corporation can fine or make an owner pay costs of remedying a contravention, it must give the person a reasonable opportunity to be heard, including notice of the complaint at least one week before the hearing.