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A BC Strata that ignored roughly more than a dozen handwritten requests from a condo owner has been ordered to pay $1,500 in compensation.

According to a BC Civil Resolution Tribunal decision, Strata VR172 was found to have treated condo owner Michael Hart "significantly unfairly" after it ignored roughly 17 of his requests to hold a hearing with the strata council.

The decision said Hart first requested a hearing about his strata fee arrears in June 2019. The law states that a strata council must hold a hearing within four weeks if a condo owner requests one.

Hart wanted a hearing because he claimed the strata had miscalculated his strata fees arrears by $1,681. While Hart wanted the matter dealt with by the Tribunal, the online arbitrator ruled that the issue of arrears should be dealt with in the BC Supreme Court.

The Tribunal ruled it would only deal with the issue of the Strata council's treatment of Hart.

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The decision said Hart requested 17 hearings, each time delivering a handwritten letter, but the Strata failed to respond.

The Strata argued that Hart couldn't prove it received his letters, but the Tribunal pointed to evidence that showed it knew about his request for a hearing.

When COVID-19 hit, the Strata then said it could only hold a hearing by videoconference over Zoom.

"Mr. Hart responded with a handwritten letter... which stated he was not equipped to support video conferencing and would prefer an in-person meeting with masking and physical distancing," the decision said. "The letter noted that he had been requesting a hearing about the arrears notices for over a year, well before the pandemic started."

Hart continued to write to the Strata requesting a hearing to discuss his arrears but got little response and nothing that scheduled a hearing.

The Strata argued it did schedule a hearing with Mr. Hart and he failed to attend.

However, the Tribunal dismissed its claims pointing out the Strata was referring to a hearing in 2018 on a different matter which wasn't part of this dispute.

The Strata didn't explain why it submitted this old and clearly redundant claim.

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The Strata then made more arguments saying Hart needed to use email and not handwritten notes and copy the strata management company on it as well as the strata council.

The Tribunal found this "unreasonable" and contrary to the law.

The Strata then said if Hart wanted his arrears dealt with he should have been more cooperative.

They said he'd refused to answer the phone and ignored emails and letters.

However, the Tribunal ruled the only evidence it provided was that it once called him and he didn't have voicemail.

The Tribunal ruled the Strata only responded to Hart's request once and that was only to offer a remote hearing.

When Hart wrote back saying he wanted to do it in person, they never responded.

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"Overall, I find the strata has not provided a satisfactory explanation for its failure to schedule a hearing with Mr. Hart," the Tribunal ruled. "I acknowledge that the parties appear to have a relationship more prone to conflict than cooperation. Nevertheless, that does not excuse the strata from following its obligations under the (law)."

Ultimately, the Tribunal ordered the Strata to pay Hart $1,500 in compensation and ruled that its actions were "unreasonable and significantly unfair."

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