A small claims case about a strata dispute involving a clubhouse rental and a dirty barbeque ended up in a BC tribunal.
The BC Civil Resolution Tribunal shared the case involving a shared clubhouse in the strata building.
Two applicants, the Vighs, claimed that the strata didn’t return their deposit for renting out the shared clubhouse in the building. The strata, on the other hand, claims that the Vighs forfeited the damage deposit because they left the barbeque dirty and also breached the strata’s rules and bylaws.
The Vighs denied those allegations. The Vighs were initially claiming $310 for the deposit but then got the amount charged back through their credit card company, so it instead only wanted the strata to cover their CRT fees.
The strata was looking for the Vighs to pay back the charged back amount of $310.
Looking at the evidence presented in the case, one undisputed fact is that the Vighs paid the strata a total of $310, which included a $200 damage deposit, a $50 damage deposit specifically to use the exterior barbeque and a $60 rental fee.
The tribunal determined that the $60 fee was nonrefundable.
On July 3, 2022, the Vighs held a birthday at the clubhouse for four hours.
According to the contract, the Vighs had to clean the facility after using it by the end of the booked time or the damage deposit “could be jeopardized.” The Vighs also had to remove any garbage and ensure the barbeque was cleaned, or they would lose their deposit.
A tribunal document states, “The strata provided photos of the barbeque taken after the event. It shows heavy amounts of grease on a steel tray.”
The Vighs claimed they left the barbeque cleaner than it was when they found it but provided no proof.
“Given the amount of grease and the large area affected, I find that the strata might reasonably pay someone the damage deposit amount to clean it. So, I find Ms. Vigh must pay the strata $50.”
After all the facts were weighed, the strata won a partial verdict. However, the Vighs had to pay the strata $110 for breach of contract, which included the $50 barbeque deposit, the $60 rental fee, and $75 in tribunal fees.