B.C. homeowner fights strata after $200 fine for painting her doorway
A B.C. homeowner was fined $200 by her strata for painting her doorway, so she decided to take matters into her own hands to fight the penalty.
According to the BC Civil Resolution Tribunal decision, the strata fined the homeowner for conducting the paint job without strata approval.
However, the homeowner said the fine shouldn’t be valid because the strata didn’t follow the process set out in the Strata Property Act (SPA).
The strata actually admitted that it did indeed fine the homeowner without following section 135 of the SPA, but it said it removed and later reinstated the fine after following the correct procedure.
The decision states that the homeowner painted the outside of her strata unit’s entrance door and did the same thing for three other owners at their request. This was contrary to a bylaw stating that an owner needs to obtain strata approval before altering common property.
May 3, 2024, was the date of the initial fine.
Section 135 of the SPA says the strata can’t fine an owner unless it has received a complaint. If the strata does not comply with that section of the SPA, the fine is invalid.
After it reversed the initial fine, the strata said it sent the homeowner a letter about the infraction on May 31, 2024. The homeowner denied receiving that letter or any follow-up letters. She only found out about the fine after reading the October 2024 strata council minutes.
The tribunal said it preferred the homeowner’s evidence. She also provided emails from three other homeowners who were fined $200 after she painted their doorways, and all of them said they never received any notice before being fined. The strata did not provide any evidence to address those allegations.
It also wasn’t able to provide any copies of the letters it allegedly sent to the homeowner.
Because the homeowner had no opportunity to address the infraction before being fined, the tribunal found that the strata did not comply with section 135 of the SPA.
Ultimately, the B.C. strata was ordered to reverse the $200 fine and also reimburse the homeowner $225 for tribunal fees.
You can read the full decision on the tribunal website.