Penticton strata issue $10K in fines over, hot tub, pet fence, artwork
A Penticton strata has been ordered to wipe out almost $10,000 in fines which it levied against a couple for having an inflatable hot tub, a pet fence, and some artwork on their patio.
According to an Aug. 16 BC Civil Resolution Tribunal decision, Strata K801 had issued a $200 fine every week since last May, but condo owners Brant and Charlene Torgerson refused to pay telling the strata the fixtures weren't classed as an alteration so they didn't need to ask permission to put them up.
The strata disagreed, saying the pet fence, inflatable hot tub, and artwork were an alteration and according to its bylaws owners needed to apply for the strata council first.
Somewhere along the line, the dispute ended up in front of the Civil Resolution Tribunal.
The decision says in January 2023 the strata wrote to the Torgersons saying the pet fence violated its bylaws.
The Torgersons argued the pet fence wasn't fixed to the property and was a "temporary pet barricade" which fit with the strata's bylaw that dogs have to be "properly secured within an appropriate container."
The Tribunal agreed the fence met the criteria of the pet bylaw, but pointed out it breached another bylaw saying that owners had to get permission before putting it on their property.
The situation with the inflatable hot tub followed much the same lines.
"The (Torgersons) say the inflatable hot tub is not an alteration to common property and therefore council permission to install it is not required," the decision reads. "The strata says the hot tub has been placed on common property contrary to bylaws... (which) expressly states that hot tubs cannot be placed on common property without the prior written permission of the council."
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The Tribunal looked at multiple other cases involving stratas and hot tubs before coming to its conclusion.
"The (Torgersons) require the strata’s permission to place a hot tub, whether inflatable or not, on common property," the Tribunal ruled.
The Tribunal followed much the same bylaws finding the couple's artwork also broke strata bylaws.
However, while the Tribunal found the homeowners should have asked for permission first, it also found the fines dished out weren't valid.
In an email to the couple, the Strata President said that while no one had complained about the hot tub, fence, or artwork, it breached the rules and because they ignored warnings, now meant fines.
However, the Tribunal didn't agree, saying that because the strata admitted there wasn't a complaint, it couldn't issue a fine.
The Tribunal went on to say that even if there was a complaint the strata's letters to the couple were not clear and inconsistent with which bylaw they were accused of breaking and therefore invalid.
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The Tribunal ordered the strata to wipe all the fines, adding up to roughly $10,000.
While the Torgersons won't have to pa,y they still don't get to keep the pet fence, hot tub, and art without permission.
The Tribunal ordered them to either remove it or apply for permission to keep it within 30 days.
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