Condo Smarts: Are canvassers allowed access to building during an election?

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Bylaws and rules must comply with all enactments of law and the B.C. Human Rights Code

Dear Tony: A signage bylaw that prohibits election signs anywhere on the property is causing dispute in my building. The council message this week: “It doesn’t say anything in the Strata Act.” Please write about the Elections Act so this group of bullies stops harassing owners.

— John W. Dear John: While the Strata Property Act may be specifically silent on election signs and canvassing, it does clearly define bylaws and rules must comply with all enactments of law and the B.C.



Human Rights Code. The Canada Elections Act, Provincial Election Act and Local Government Elections Act apply to all strata corporations in B.C.

Owners are being told they cannot place election signs in their windows, no signs on the common property, no signs on balconies and no signs in car windows in parking lots. The bylaws of a strata corporation are limited by the provisions of the legislation. Canada Elections Act 322: No landlord or person acting on their behalf may prohibit a tenant from displaying election advertising posters on the premises to which the lease relates and no condominium corporation (strata corporation) or any of its agents may prohibit the owner of a condominium unit from displaying election advertising posters on the premises of their unit.

Permitted restrictions: a landlord, person, condominium/ strata corporation or agent may set reasonable conditions relating to the size or type of election advertising posters that may be displayed on the premises and may prohibit the display of election advertising posters in common areas of the building in which the premises are found. Avoid disputes and competition of who’s sign is bigger and flashier. Strata corporation bylaws may limit or prohibit size, type and location on all areas including common property and displayed from strata lots.

Are we required to permit canvassers access to the building during an election? A strata corporation may not prevent or unreasonably restrict access to their buildings during a campaign period. Candidates or an authorized candidate representative may canvass for voters and distribute candidate information. However, the hours are limited between 9 a.

m. and 9 p.m.

If you have a council member or owner who is accessible to verify the identity of canvassers or candidates, it will help to manage security concerns and streamline access. Tony Gioventu is executive director of the Condominium Home Owners Association . Email tony@choa.

bc.ca ..