BC strata denied attempts to fine, kick out caregiving family member
A BC strata tried and failed in its attempt to fine an elderly resident's family members and kick her caregiving grandson out of the property.
The Chilliwack strata levied $2,400 in fines, then went to the BC Civil Resolution Tribunal when the family didn't pay. Instead, the Tribunal found it failed to make accommodations for the elderly resident's disability and dismissed the fines entirely.
The Tribunal didn't name the elderly resident or her grandson that was staying with her in the decision. She's the mother of the condo owners, John Metson and Dorothy Bendsen.
Bendsen's son, who also wasn't named in the decision, initially started staying in the condo in early 2020. Bendsen and Metson told the strata he would be staying in the 55-plus condo for "a few weeks" after the then-87-year-old woman returned from the hospital since her stroke in late 2019.
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The strata for The Ivy Green in Chilliwack didn't object to the arrangement, but sent Bendsen a letter in March 2022 asking that her son, who was in his 40s, leave the condo by the end of April.
The strata was attempting to enforce its age restriction bylaw, but the family resisted and brought a doctor's note to a council hearing in May.
The resident's doctor said she was struggling with health issues and needed someone to "occasionally" stay overnight with her.
One May 12, the strata extended the deadline to June 30 for her grandson to leave, then threatening to impose a $200 fine for every week he was still staying in the condo.
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Once the strata began to issue fines, they continued to rack up until September 16, 2022, reaching $2,400. The elderly resident was in the hospital from Aug. 2 until at least Sept. 20, while the fines continued, according to the decision.
Although it was the strata which took the case to the Tribunal in an attempt to have the fines enforced, the Tribunal found it failed to accommodate for her health-care needs and her disability, even after it accepted the "fragile nature" of her health.
"The strata's only argument is that (her) grandson was under 55 years old, and it had a duty to uphold and enforce its age bylaws," the Tribunal decision reads, going on to say it would not have suffered "undue hardship" if it allowed him to be there for overnight care as long as she needed.
The Tribunal dismissed the claim, but noted Metson and Bendsen filed their own claim against the strata through the BC Human Rights Tribunal in June 2022. That claim has yet to be heard.
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