WHAT STRATA COUNCILS CAN DO ABOUT PETS AND POT SMOKING

The main mandate of a strata council is to properly manage the
finances and common property of the corporation.

While sounding simple on the surface, volunteer strata councillors are
required to provide professional service to an often demanding and
complex constituency.

While it has authority to govern common property, does the reach of a
council extend beyond the doors of a private condominium?

Well, yes and no.

There rarely is no cookie cutter answer.

Out of each issue emerges a unique interpretation and
solution.

For example, in apartment-style condominiums, private property
consists of most everything inside your unit.

Common property is all that stuff midway between the walls, consisting
of electrical wiring, plumbing, sprinkler systems, heating and vacuum
ducting to name a few.

Owners have contacted StrataSphere to voice their questions and
concerns over pets and pot.

The Standard Bylaws of the Strata Property Act addresses the place for
pets in a condominium.

However, the SPA is silent on pot specifically, whether smoking or
growing it, and I am not aware of any amended bylaws addressing the
issue.

Before you buy, make sure your strata is pet friendly.

While all corporations start out governed by the Standard Bylaws, many
amend them to suit the wishes of the majority of owners.

The Standard Bylaws state that occupants must not keep any pets other
than one or more of the following: A reasonable number of fish and
small caged animals, up to two caged birds, one dog or one cat.
Pythons are not welcome.

Occasionally, no pets whatsoever are welcome.

Can a council pass a bylaw banning pot? In this case, an owner wanted
to know if the corporation could adopt a bylaw forbidding the use of
pot by another owner within the privacy of their unit.

Strata corporations must follow the provincial guidelines as far as
smoking anything in common areas is concerned.

Here's the opinion of Christy Lovig, a lawyer who practices in Strata
Property Law.

"Pot smoking is criminal activity, so it can absolutely be banned by
bylaw inside a strata unit, and any contravention of same would result
in a fine if so determined by the council.

"The only exception would be pursuant to the Marihuana Medical Access
Regulations, which define the circumstances for which the use of
marijuana for medical purposes is permitted."

The standard bylaws also have a catch-all section which states: "An
owner, tenant, occupant or visitor must not use a strata lot, the
common property or common assets in a way that.causes a nuisance or
hazard to another person (or) is illegal."

Bylaws can also be enacted banning grow ops, which can have
far-reaching consequences for stratas.

Many of the grow ops can cause extensive damage to common areas as a
result of mould, that can creep throughout a condominium destroying
property and creating a health issue.

The key to any bylaw is enforceability. While there are no condo cops,
hearings can be held and fines levied.

Where violations contravene the Criminal Code, the police would be
your best bet to deal with the situation.

This column is intended for general information purposes only.

Gunnar Forsstrom is a licensed strata manager with Coldwell Banker Horizon
Realty.