An icky tribunal case led to a BC strata being ordered to pay one of its homeowners thousands of dollars in a situation involving pest management.
According to the BC Civil Resolution Tribunal dispute decision, which is available online, homeowner Alanna Hurren said she was unfairly charged over $4,500 for cockroach treatments throughout the strata.
The strata claimed that the pest management company identified her unit as the source of the infestation, so it only made sense that she be responsible for costs. It added that Hurren didn’t address the problem appropriately.
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Complaints about cockroaches began in early 2021 and originated from multiple strata units. The strata asked a pest management company to respond, and the infestation grew, impacting more strata lots.
The pest management company visited the strata several times through 2021 and 2022.
According to the tribunal decision, the pest control company told the strata verbally and in writing that Hurren’s unit was the origin of the infestation, and her “lack of cooperation prevented eradication of the cockroaches.”
The tribunal decision states that the strata decided it was appropriate to charge Hurren for the costs based on the pest control company’s opinion.
Hurren claimed the actual origin was a neighbouring unit, based on her conversation with the owner. She disagreed with the strata’s opinion that she wasn’t cooperative.
The tribunal noted that the strata didn’t have a bylaw that would have allowed it to charge Hurren. The strata sent her a chargeback letter on September 6, 2022, but the relevant bylaw wasn’t passed until March 2024. The tribunal added that even if the bylaw was in place, it would still not have authorized the strata to charge Hurren because they didn’t prove she caused damage.
Regarding the BC strata and pest management company’s claim that the cockroaches originated in Hurren’s unit, the tribunal said, “The qualifications of the technician are not included.”
The strata was ordered to pay Hurren $4,588.50 within 30 days of the decision.