B.C. strata ordered to pay back $19,000 worth of mask fines: tribunal
A B.C. strata that dished out $19,000 of fines for not wearing masks when in the hallway and elevator of a condo building has been ordered to pay the money back after a Tribunal ruled all the fines had been issued incorrectly.
According to a June 23 Civil Resolution Tribunal decision, the Lower Mainland strata fined the company that owned the unit, BCFS Residential Rentals $19,199, after it alleged the unit's tenants had failed to wear masks when walking through common areas of the apartment block more than 200 times.
The strata largely used CCTV footage to watch for tenants not wearing masks and then issued the fines.
The strata also alleged the tenants violated the laundry room usage bylaws by not collecting their laundry in time.
While no details are given of the event, the strata said the tenants caused a "nuisance and violence," spat off the balcony, and had been the subject of one noise complaint.
The decision said in June 2021 the strata wrote to the landlord saying it had issued $2,500 in fines related to the incidents and if the landlord wanted to dispute the fines it would "gather all the evidence and impose the maximum fines for each offence which will exceed $10,000."
The strata went on to say in the letter that if the fines are disputed it would get the Civil Resolution Tribunal to convert the fines into a lien. The strata gave the landlord 14 days to respond.
The strata continued to impose fines and one month later had added $3,200 to the total.
The fines continued after the strata reviewed CCTV camera footage and tacked a further $13,150 of fines for residents not wearing masks.
BCFS Residential Rentals paid the fines and sold the unit but then headed to the Civil Resolution Tribunal to argue for its money back.
The Tribunal found the strata had made multiple mistakes in issuing the fines and breached the Strata Property Act numerous times.
The landlord argued the strata had no authority to impose the fines because the majority of the fines were issued before the bylaw came into place.
READ MORE: Summerland condo owner loses fight with strata over noise
The strata argued making it mandatory to wear a mask was a rule before it was an official bylaw and the strata were entitled to issue $50 fines for each time the rule was broken.
However, the Tribunal found that while the strata had posted signs in the hallways advising owners and tenants that masks must be worn that wasn't enough.
"The strata did not explain when the alleged rule was made, or provide documentary evidence that the rule was set out in a written document, as required by Strata Property Act," the Tribunal ruled.
"I find the available evidence does not prove that the strata complied with Strata Property Act... when it created the alleged mask rule. So, I find the strata was not entitled to rely on the alleged mask rule to fine (the landlords) tenants for not wearing masks in the strata’s common areas."
The Tribunal found that the strata was entitled to impose fines issued after the official mask bylaw was adopted, however, the Tribunal still found those fines weren't valid.
The decision said the strata failed to give the tenants or landlord notice of the fines or a chance to respond.
The Tribunal said the strata's letter which stated that not wearing a mask would "result in many fines from the strata and council will be voting on the number of fines to be issued and a potential order to evict… and will discuss the severity and amount of fines," was a clear breach of the regulations.
The Tribunal also took aim at another letter that threatened that fines would increase if the landlord disputed the fines.
"I find these letters show that the strata decided to impose fines before giving the tenants or (the landlord) an opportunity to respond, and also made it clear that the strata would impose further fines if the recipient disputed any fines already imposed," the decision read. "(The) letter actively discouraged the recipient from responding to the alleged bylaw breaches and fines imposed."
The landlord also argued the strata could not issue fines based on CCTV footage, however, the Tribunal ruled that as all the fines were invalid it did not need to address that issue.
Ultimately, the Tribunal ordered the strata to pay back the landlord $19,199 to cover the incorrectly imposed fines.
READ MORE: West Kelowna forcing strata to open its waterfront walkway
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