BC strata's Airbnb rule invalid; owner off the hook $30,000
A BC condo owner who was fined $30,000 for renting their apartment on Airbnb won't have to pay a penny after a Tribunal ruled the strata's bylaw wasn't valid.
According to a June 29 BC Civil Resolution Tribunal decision, Burnaby Strata EPS3583 issued condo owner Kale Kondra $30,000 in fines for renting their apartment on Airbnb in the summer of 2021.
The decision said other condo owners had complained about "different people going in and out" of the apartment.
The Strata provided evidence from the concierge of video footage and key fobs that showed different groups of people staying at the condo.
The Strata then issued $1,000 a night fines totalling $30,000.
In the decision, Kondra argued while he owned the condo, he was bound by a court order that granted his former spouse exclusive occupancy of the condo.
He argued the fines were nothing to do with him as he had no control over the condo's use.
The Tribunal agreed, but said that while Kondra wasn't responsible for the fines it didn't matter anyway because the Strata's bylaws didn't explicitly ban Airbnb.
READ MORE: Airbnb may be good for tourists but at a cost to Okanagan residents
The Tribunal ruled that the Strata's bylaw stated no owner shall "rent" a strata lot for a period shorter than one month.
However, the Tribunal stated there is a difference between "renting" a condo and a short-term accommodation "licencing arrangement."
"The words 'rent' and 'rental' do not apply to licences and only apply to tenancies," the Tribunal ordered.
READ MORE: Tired of Airbnbs and hotels? Okanagan glamping may be just right for you
The Tribunal ruled the bylaw only applied to rentals or tenancies and not to short-term accommodations rentals through Airbnb, so Kondra's former spouse hadn't broken any rules.
Ultimately, the Tribunal dismissed the Strata's claim for the $30,000.
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