With the announcement of a fall federal election, many strata corporations in BC are left questioning what can they control when it comes to election signage and canvassing.
It is important for strata corporations to review their bylaws and rules to ensure they comply with both the Canada Elections Act and the Strata Property Act.
Strata corporations must not prohibit an owner or tenant from displaying election signs from their strata lot. However, a strata corporation may, by bylaw, set reasonable conditions on the type and size of sign that may be displayed within a strata or on common property.
“So, for example, a strata corporation may adopt a bylaw that prohibits digital or neon sign within a strata lot or permits owners to only place signs of a certain size within a specific common property area.” said Tony GIoventu, CHOA executive director. “Be reasonable” he added. “Is it reasonable to limit the size of a sign so small that it cannot been seen from the 35th floor? A better, more reasonable expectation, is to allow a window sign that is 1m x 1m or that fits within a single window space.”
When it comes to canvassing, the Canada Elections Act overrides any strata corporation bylaw or rule. This means a strata corporation cannot prohibit a legitimate candidate from accessing the building to campaign or canvass between the hours of 9 a.m and 9 p.m. It is up to the discretion of each owner, tenant, occupant, staff person, strata council or manager to permit access to the common areas, for the purpose of campaigning. While access cannot be prohibited, candidates must still comply with the rules or bylaws of the strata corporation such as those where the communities have adopted mandatory mask requirements in common areas, and specific limitations associated with special security systems within buildings
Article by the Condominium Home Owners Association (CHOA), a non-profit association that assists the entire strata industry throughout BC. CHOA promotes the interests of strata property owners by providing advisory services, education, resources, and support for its members and the strata community at large. For more information visit the CHOA website.
