Image Credit: SUBMITTED/B.C. Assessment

A Revelstoke strata has been found in violation of the B.C. Human Rights Code after it banned a condo owner from having someone live in a unit who wasn't a member of their "family."

The B.C. Civil Resolution Tribunal found the strata's bylaw discriminated against condo owner Alison Pennie who'd had a non-family member live with her for several months last winter.

The Revelstoke Strata NES 172 fined Pennie $2,400 for allowing the non-family member to live with her and then took her to the Civil Resolution Tribunal to get the money.

However, according to a Jan. 4 B.C. Civil Resolution Tribunal decision, Pennie argued the bylaw contravened the B.C. Human Rights Code and the Tribunal agreed.

The decision said the strata's bylaw states that the condos are for "single-family" residences only. The bylaw defined "family" as a grandparent, parent, child, or grandchild.

The decision said in December 2021, Pennie told the strata she would be having a guest living in her home for three months.

Soon afterwards the strata started fining her $200 a week for breaking its bylaw and the fines totalled $2,400.

Pennie argued the bylaw discriminates against her based on her family status.

"She says an owner without a family as narrowly defined in (the) bylaw is forced to live alone and in solitude, which is burdensome and disadvantageous to them," the decision read. "The owner says (the) bylaw withholds from her the benefits of companionship and emotional support available to other owners who live with family."

She pointed to the B.C. Human Rights Code which says "a person must not, based on family status, discriminate against another person about any accommodation, service, or facility customarily available to the public."

Pennie said she and her companion "operated" much a like a family and shared meals, entertained mutual friends for dinner, went for walks and helped each other with lifts to places.

"They formed a committed unit that cared and looked after one another," the decision read.

Pennie said her roommate offered her "companionship, continued socialization and emotional support."

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The condo owner said the roommate never paid rent or signed a tenancy agreement.

The Tribunal said the relationship between the two was "essentially" a family relationship because they were committed to supporting each other and intended to live together with a degree of permanence.

The strata argued the bylaw is the same as other stratas across B.C. and the country.

The Tribunal dismissed the argument.

"I find this has no bearing on whether a bylaw is discriminatory or is being enforced in a discriminatory way," the Tribunal ruled.

The strata also argued that Pennie has shown disregard for its bylaws since she bought her condo and "betrayed" the other owners' trust and that the strata questions "her motives and end game."

READ MORE: Modern interpretation of family sees B.C. strata lose legal case

The strata said it's concerned there might be "a revolving door of roommates with no means of determining if rent is being paid."

Again, the Tribunal dismissed the argument saying it is "speculative and unproven."

Ultimately, the Tribunal ordered the strata to wipe the $2,400 in fines but stopped short of saying it should pay Pennie's legal bills which total in excess of $20,000.

The Tribunal also noted this ruling only applies to the companion living with Pennie last winter and doesn't cover her living arrangements with any other person.

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