Why a B.C condo owner won't have to pay $39K in strata fines
A B.C. strata that fined a condo owner $39,000 for using the unit as a "flop house" won't see a penny of the money after the owner challenged the legality of the fines.
The strata had fined Michael Bakajic $1,000 for each night he let out his condo as a short-term rental sending the owner a $39,000 bill for the 39 nights he'd rented the unit.
However, Bakajic took the strata to a Civil Resolution Tribunal to fight the steep fine.
According to a July 20 Civil Resolution Tribunal decision, Bakajic was facing $43,000 in bylaw contravention fines.
The strata had fined him for a multitude of things from hanging sheets in a solarium to harassment. He also had fines for damage to common property, spilt motorcycle oil and $1,600 in noise complaints.
Following the legal protocol, the strata had written to Bakajic after each bylaw convention advising of the fines.
Bakajic could have appealed but chose to ignore the warning letters.
In the decision, Bakajic said he "cannot believe" the strata's "wild claims and lies about (the condo) and its occupants" although does admit there may have been some bylaw contraventions.
The decision says that much of Bakajic's evidence consists of a lengthy explanation of his relationship with two other people who lived in his condo and caused significant damage to it.
"Mr. Bakajic also alleges that the strata, strata council members and others have ignored, bullied and attacked him. He says a strata council member entered his home unannounced and uninvited, to accuse him and his guests of stealing the strata council member’s bike," the decision reads.
The decision says the RCMP attended the condo and confirmed that it was a known "flop house."
Bakajic did not specifically dispute this.
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Regardless of the allegations, the Tribunal ruled that Bakaji had the opportunity to appeal the fines and failed to do so.
It then ruled that $4,800 in bylaw fines were valid.
However, when it came to the $39,000 in short-term rental fines, the Tribunal took a different stance.
The Tribunal said the strata only wrote to the condo owner once about the short-term rental in August 2021.
The Tribunal goes on to say the strata doesn't specify why the bylaw had been contravened for a period of 39 days or when.
"I find the strata failed to comply with Strata Property Act... before imposing $39,000 in fines for 39 days, because there is only one complaint, and it only provided (one) notice of... (a) bylaw contravention," the Tribunal ruled.
The Tribunal ruled Bakajic was responsible for only one night of short-term rental fines at $1,000 and not $39,000.
Along with his other fines, the Tribunal ordered the condo owner to pay the strata $4,800, a steep difference from the $43,000 it was after.
READ MORE: Kelowna strata issues $1,700 fine for tenants' charity car wash
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