B.C. strata fines homeowner $200 for 'stealing electricity' to charge EV
A B.C. homeowner recently fought a $200 fine imposed by his strata for charging his electric vehicle (EV) in a tribunal case that may help you if you find yourself in a similar situation.
An applicant in a BC Civil Resolution Tribunal dispute, the B.C. homeowner said his strata refused to let him charge his EV in an underground parking garage.
He said that the strata’s refusal was unreasonable, including because of the fact that the strata allowed at least two other EV owners to charge their vehicles without penalty in the same manner he tried to.
The applicant sought an order to remove the $200 fine from his account and reconsider his EV charging application.
In defence, the strata denied his claims and acknowledged that EV charging is an important matter. It also said that the homeowner’s use of the outlet amounted to “stealing electricity,” contrary to the bylaws.
A Sept. 8, 2023, email from a strata council member to an “undisclosed person” confirms that the strata permitted owners to charge their EVs in the parking garage, as long as just one charger was plugged in at the same time, and that the owner tracked how much electricty was used and paid the strata at a rate of $0.14 per kilowatt hour.
On Dec. 30, 2023, the homeowner emailed the strata manager for permission to use an electrical outlet near his assigned parking stall.
On Jan. 8, 2024, a strata council member replied and said that the strata had been advised to pause new EV charging requests.
Sometime on Feb. 25, 2024, a council member emailed the strata manager, notifying them that one of the lights in one of the stairways was off. The council member suggested the breaker had tripped, and they were able to reset it. They also identified three EVs that were parked in the garage, all of which were plugged in.
One of those EVs belonged to the applicant.
On April 7, 2024, the council emailed the applicant about a meeting that was held on April 3. The email stated that the applicant would be fined.
In determining whether the fine was valid, the tribunal said the burden fell on the strata to prove that it followed its bylaw process.
“On my review of the bylaws, I find there are none that apply to the circumstances of this dispute,” the tribunal said.
Ultimately, the tribunal declared that the $200 fine was invalid. It dismissed all of the applicant’s other claims. The strata was ordered to remove the $200 fine and also pay the applicant $112.50 for CRT fees.