A BC strata was sued by co-owners of a lot after they were hit with fines over their grandson’s Ford Mustang “revving” engine.
Elise and Albert Hebein are co-owners of a townhouse-style unit.
In a BC Civil Resolution Tribunal Dispute, the Hebeins disputed four bylaw fines they were hit with, totalling $600.
They asked the tribunal to order the strata to reimburse them for $1,997.44 in legal fees, remove all fines, and stop issuing complaints against them. In defence, the strata told the tribunal that the fines were valid and requested that the Hebeins’ claims be dismissed.
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The Hebein family was hit with four fines between April 2021 and September 2022. The first two fines were worth $100, while the most recent two fines were $200 each.
According to the tribunal decision, the Hebeins admitted that their grandson drove a Ford Mustang. He initially drove a green Mustang, which was damaged in an accident, and then got a new blue Mustang.
The strata claimed that the noise from the Mustangs “caused a nuisance to other strata residents, contrary to strata bylaws.”
The tribunal found that all four fines were invalid, primarily because the strata did not have sufficient evidence to back them up.
For example, on April 14, 2021, the Hebeins were sent a letter because several residents reported that on April 13, 2021, one of the Mustangs was driven onto strata property, causing “unnecessary noise” on multiple occasions.
The tribunal member overseeing the case stated, “I find the April 14, 2021, fine is invalid. First, the text of the strata’s April 14, 2021, letter indicates that the primary reason for the fine was because the Hebeins or L continued to bring the Mustang onto [the] strata property.
“However, there is no bylaw that permits the strata to prohibit driving or parking any vehicle on strata property. The strata has no parking bylaw, and no other bylaw or rule that authorizes it to bar the Mustang. So, I find the strata was not entitled to do so and cannot fine the Hebeins for not obeying that directive.”
Ultimately, the BC strata was forced to reverse all the fines levied against the Hebeins over the Ford Mustang noise. The strata was also on the hook for $225 in tribunal fees.