BC strata loses legal case over $150 move-in fee
A BC Tribunal has ruled that a strata's move-in fee wasn't "reasonable" and ordered it to charge a condo owner a third of the amount.
The case involves Robert Keith Craig who was sent a $150 move-in fee bill from his strata when he bought his $600,000 Vancouver Island condo in 2022.
Craig refused to pay and took Strata VIS3743 to the BC Civil Resolution Tribunal.
In turn, the strata made a counterclaim and asked the tribunal for an order that Craig pay the $150.
According to an Aug. 9 Tribunal decision, the condo owner argued that because he lived on the first floor he didn't need to use the elevators, and there was no cost "or effort" for a caretaker to hold the elevator or put up protective pads.
"Mr. Craig says no services were provided during their move-in, so the fee is invalid," the decision reads.
The strata disputed this, arguing the $150 fee is standard regardless of which floor a person lives on and is written into the strata's bylaws.
"The strata also says the fee covers the cost of having the caretaker update the entry phone system and gate, update key records, update owner records, and clean up hallways and entrances after the move," the decision says.
BC laws governing stratas do allow move-in fees to be charged if the amount is "reasonable" and can be determined on a "reasonable basis."
Craig argued the strata incurred no costs so he shouldn't have to pay.
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The strata argued the caretaker spent time updating the entry phone system and gate, as well as updating owner records and cleaning the hallways and entrances.
However, the tribunal ruled the strata provided no evidence that the caretaker did additional cleaning due to the move.
The tribunal also said the strata provided no specific evidence on how much it cost for the caretaker to update the phone system and the other records.
"It was open to the strata to provide time sheets or a written statement from the caretaker explaining how long the reprogramming and administrative work took, but the strata did not do so," the tribunal ruled.
The tribunal ruled the $150 move-in fee wasn't reasonable in the circumstances.
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"I accept that the caretaker did some work in updating the entry phone, gate, and records. So, I find on a judgment basis that a $50 move-in fee is reasonable," the Tribunal ruled.
Ultimately, the Tribunal ordered Craig to pay the Strata $50 instead of $150 for his move-in fee.
While the move appears to have saved the condo owner $100, taking the strata to the Tribunal cost him $125 in fees. The Strata's counterclaim also cost it $125.
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