#48197
Jimmy-T
Keymaster

    Basically, the owners corp is charged with the management of common property and can pass by-laws that enable or assist them in doing that.  One of those by-laws would be to allow for rules to be created and imposed.

    It is common, therefore, for there to be rules limiting , say, accessto swimming pools and gyms after certain hours as this would not be considered unreasonable.

    However, they are overstepping the mark if they limit access to common property as a punitive measure.  As our chums at Lookupstrata point out in this factsheet, you can’t restrict owners’ reasonable access to common property so any by-law that attempted to do so would be invalid.

    Also you want your rules to be flexible for the simple reason that you are dealing with people and everyone is different.  Say you wanted to restrict access to your pool to say 8 am to 9 pm, and then you discover you have a kid in the building who is a potential Olympiand and needs to swim fro a couple of hours from 5 am every morning?  Are you really going to restrict them.

    So what’s missing from the “enabling” by-law are acceptance that no rule can be in violation of strata law or any superior law, that the rules can be reviewed and changed at any time by a simple majority of the owners corporation and that exceptions can be made provided there is written permission from the committee to do so.

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.