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A Kelowna strata that dished out a $1,700 fine after students had a fundraising car wash has been ordered to pay the money back.

The strata said the students used the strata's water, played loud music and consumed alcohol on common property.

The homeowner, whose student son lived in the unit and was involved in the fundraiser, said the strata was overreacting.

However, two weeks after the charity fundraiser the strata issued a $1,700 fine.

According to a July 15 Civil Resolution Tribunal decision, Lutz-Martin Zeitler owned a townhouse at the Academy Way strata where his son and two other university students lived.

In September 2021, the students decided to hold a fundraising car wash to raise money for their university basketball jerseys.

During the afternoon fundraiser, the manager of Strata Plan EPS 5459 contacted Zeitler to ask him to contact his son because they'd been several complaints.

Zeitler responded saying "the boys are raising a few dollars" and the manager was "blowing the event out of proportion."

The car wash carried on for several more hours.

A few days later, the strata emailed Zeitler saying the charity carwash had broken numerous bylaws and rules, including: the use of strata water, loud music, public urination, alcohol consumption on common property and blocking traffic.

The strata's message warned of fines and said Zeitler had a right to respond to the complaint and have a hearing.

A couple of weeks later, the strata issued a $1,700 fine broken down as eight $200 bylaw infractions and two $50 rule violations.

Zeitler had a hearing via zoom, and his son and the other student tenants were not invited.

He begrudgingly paid the $1,700 "under protest."

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However, Zeitler then took the strata to the Civil Resolution Tribunal arguing it had failed to provide his tenants with a reasonable opportunity to respond to the complaint.

He also argued the fines were excessive and the strata was acting unfairly by enforcing the bylaws differently against his tenants than other residents.

The strata admitted that it did not give the tenants notice of the bylaw violations but argued it did not have the tenants’ contact information until the fines had been issued. It also argued the tenants never asked for a hearing, so it did not have to hold one for them before imposing the fines.

The Tribunal referenced the Strata Property Act which states that a strata can't find an owner directly for a tenant’s bylaw contravention.

"This means that if a tenant is alleged to have breached a bylaw, the strata must follow the enforcement process... against the tenant," the Tribunal ruled. "The strata must give the tenant, but not the owner, a reasonable opportunity to answer the complaint, including the right to request a hearing."

The Tribunal found the strata hadn't followed these rules.

"I reject the strata’s argument that it was unable to notify the tenants about the bylaw contravention because it did not have their contact information," the Tribunal ruled. "There is no reason the strata could not have notified the tenants once it had their contact information."

READ MORE: Summerland condo owner loses fight with strata over noise

The Tribunal also dismissed the strata's argument that the tenants never asked for a hearing, pointing out that the strata never gave the tenants the chance.

Ultimately, the Tribunal ruled the strata had issued the fines incorrectly and ordered it to pay back Zeitler $1,700.

The Tribunal said because of its ruling it didn't need to address the question of whether the fines were excessive or not.

The decision does not say how much the university students raised during the charity car wash.

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