B.C. couple fined $7K by strata over plants win legal victory
A B.C. strata that fined a condo owner $7,400 for placing potted plants around their unit has been ordered to wipe the fines.
B.C. Strata NW 2154 was fining Darnal McFadyen and Elizabeth Amezcua-Emary $200 each week they had 15 potted plants just outside of their patio.
Amezcua-Emary asked the strata council if she could place potted plants outside of her private patio on common property when she moved there in 2020, according to an Oct. 31 B.C. Civil Resolution Tribunal decision.
The strata gave her permission to put river rock and potted plants on the common property.
The decision said the couple placed around 15 plants on the common property which was only visible to a handful of neighbours.
A year later, a new strata council decided to re-examine the issue of the potted plants and decided that placing the plants on common property wasn't allowed.
The strata said the plant pots and river rock was classed as a "significant change" and therefore needed to be voted on, something the original strata council didn't do.
At some point, the strata began issuing $200 fines for the unauthorized potted plants.
The couple then took legal action to keep their potted plants in place, arguing the plants were not a "significant change" and therefore didn't break any rules.
READ MORE: B.C. condo owner fined $200 for having too many planters
They said the plants did not affect the use or enjoyment of the other strata lots and only some neighbours could see them.
The Tribunal agreed.
"I find the strata’s decision to reverse its approval was significantly unfair," the Tribunal ruled. "Given the strata council’s prior approval, I find the owners had a reasonable expectation that the strata would not reverse its decision without valid reason."
The Tribunal also said the strata had provided no evidence that it changed its position based on new information.
"I find the strata has failed to prove that it had a valid reason for reversing its decision and violated the owners’ reasonable expectation that the approval would not be reversed without reason," the Tribunal said.
Following its decision, the Tribunal found that the $7,400 worth of fines were invalid and ordered the strata to reverse them.
READ MORE: B.C. condo owner wins case against strata over Airbnb rules
To contact a reporter for this story, email Ben Bulmer or call (250) 309-5230 or email the editor. You can also submit photos, videos or news tips to the newsroom and be entered to win a monthly prize draw.
We welcome your comments and opinions on our stories but play nice. We won't censor or delete comments unless they contain off-topic statements or links, unnecessary vulgarity, false facts, spam or obviously fake profiles. If you have any concerns about what you see in comments, email the editor in the link above.
