BC strata forced to lower "unreasonable" move-in fees after dispute
A BC homeowner took her strata council to the Civil Resolution Tribunal (CRT) over moving fees she thought were far too high.
Kavita Sharon Bains, who owns a home in a Richards Street condo building in downtown Vancouver, claimed the building’s moving fees were “excessive” and “unreasonable.” She asked for reimbursement of $1,050 — a portion of six moving fees she had to pay.
“Mrs. Bains works both in Vancouver and overseas,” reads the CRT decision posted this week. “When she is away, she rents her home. She is charged a moving fee each time she moves out and a tenant moves in. She says that fee does not equate to the level of service provided by the strata or the concierge. She says her tenants bring in only luggage as her strata lot is rented fully furnished.”
The strata, however, said the fees were set out in its bylaws and were in line with other similar buildings. It charged a $300 nonrefundable moving fee and a $200 refundable security deposit every time someone moved in or out of a unit.
It added the homeowner was aware of the moving fees when she purchased the unit and is required to comply.
The tribunal member heard the strata’s arguments that the fees offset maintenance costs, and the homeowners’ that the move-in fee is unreasonably high and is unfair to owners in the midst of the current cost of living crisis.
In the end, the tribunal ordered the strata to lower its moving fee for people moving without furniture.
“I do not agree that a move with just hand-carried luggage or belongings has the same impact on maintenance and repair as a move with furniture,” the tribunal member wrote. “I find Mrs. Bains has proved the $300 moving fee is not reasonable for moves that do not involve furniture and do not require elevator padding.”
It ordered the strata to decrease its nonrefundable $300 moving fee to $150 for moves without furniture.
As the homeowner hadn’t yet paid the moving fees, the CRT said she must pay the revised fee, not the initial amount the strata said she owed.