B.C. homeowner fights strata after being fined for tenant dancing in elevator
A B.C. homeowner took matters into her own hands after the strata fined her for allegations that her tenant damaged an elevator by jumping and dancing in it.
In 2022, the homeowner was charged $414.75 for elevator repairs, and the strata told the BC Civil Resolution Tribunal it was because the homeowner’s tenant caused the elevator to stop.
The homeowner said the elevator already needed maintenance and her tenant didn’t cause the stoppage. She asked the tribunal to order the strata to remove the chargeback and for disclosure of elevator maintenance logs before the fine.
In November 2023, the strata charged the homeowner an additional $603.75 for the cost to repair ceiling and wall damage, which the strata again claimed was caused by the homeowner’s tenant. The homeowner said the strata hadn’t proved her tenant was responsible.
The strata said that the tenant was dancing and jumping in the elevator, causing the stoppage and that the tenant moved a sofa bed “carelessly” and contrary to bylaws, causing the alleged damage.
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On March, 19, 2022, the homeowner’s tenant got trapped in the elevator for over two hours. The concierge who reviewed the video said the elevator’s passengers were jumping and moving in a way that exceeded regular use.
In an email, the tenant said that he was laughing and joking with a friend in the elevator, waving his arms and shaking his shoulders, but that his feet never left the elevator floor.
The strata refused the homeowner’s request to disclose the video, saying that it involved other residents and that they couldn’t provide it without consent.
“It said it relied on the concierge report. The strata did not provide the footage, the concierge report, or a statement from the concierge or the other residents,” the tribunal decision stated, adding, “The video footage and the concierge report are obviously relevant. While generally the burden of proof is on the applicant, I find this is evidence that was in the strata’s control to provide, so I make an adverse inference against the strata.”
The strata asserted that the tenant’s misuse caused the elevator breakdown and that the elevator was regularly maintained.
According to the tribunal, logs indicate the elevator was indeed regularly maintained. In other logs, between January and September 2022, people were trapped in the elevator on several occasions.
The tribunal said there was no “persuasive evidence” that the tenant acted improperly and that the elevator was likely to stop even without misuse. The strata was ordered to pay the homeowner $414.75 on the first claim, and the tribunal turned its attention to the second claim of the tenant damaging the elevator.
On Nov. 7, 2023, the tenant moved a sofa bed after permitted moving hours. On Nov. 9, 2023, the tenant moved other items.
In an incident report from the concierge, it states that he found damaged spots on the ceiling and wall corners, including paint removed from the elevator doorway.
The homeowner said there was no proof that it was the tenant who caused the damage and that other photos showed just regular wear and tear.
The tribunal determined that the strata wasn’t entitled to charge the homeowner for the repairs, because the evidence didn’t show the tenant caused the damage. The B.C. strata also wasn’t able to show the condition of the hallway before the move.
Ultimately, the strata was ordered to remove the $603.75 paint repair charge from the homeowner’s account. It was also ordered to pay the homeowner nearly $300 in tribunal fees.