Homeowner takes strata to court over $150 move-in fee and sort of wins

The co-owner of a strata lot in BC was forced to take the organization to court over a move-in fee he claimed was wrongful.

Robert Keith Craig suggested that the strata corporation remove the $150 fee.

In response, the strata claimed that the move-in fee was permitted by its bylaws and requested an order from the BC Civil Resolution Tribunal that Craig pay the $150.

Who did the tribunal side with? Both sides, sort of.

Craig purchased his property on February 2022, moving in the month after, on March 20.

The strata had a $150 move-in fee which Craig disputed by email.

“Craig said that because SL80 is on the first floor, they did not use the elevators, so there was no cost or effort for a caretaker to hold the elevator or put up protective pads,” the tribunal decision reads.

Craig added that no services were provided when they moved in, making the fee invalid.

According to the strata, the fee is based on a bylaw that “must be applied equally to all owners.”

The strata also said some services were provided by the caretaker of the building, including the cost of updating the phone system, gate, key records, owner records, and cleaning up the hallways and entrances after the move.

In the end, both sides won a little bit.

The strata couldn’t provide proof that the caretaker did any additional cleaning or offer any information about the caretaker’s hourly wage. However, the tribunal determined that some work was done but that the strata couldn’t prove that the $150 move-in fee was reasonable.

“So, I find on a judgment basis that a $50 move-in fee is reasonable in the circumstances,” said Kate Campbell, the tribunal member overseeing the hearing.

Craig was ordered to pay $52.84 within 30 days of the decision.