FILE PHOTO. The Brooks Lane building.

(BEN BULMER / iNFOnews.ca)

A small wall built on the patio of a $1.4-million lakeside Vernon townhouse has cost the former owners more than $14,000 in bylaw fines and legal fees in a fight with the strata.

According to a Feb. 28 Civil Resolution Tribunal decision, Colette and Stephen Gelter paid $21,279 into the strata's trust account, which allowed them to then sell their lakefront home and guarantee the new owners there were no outstanding debts registered to the property.

The property sold quickly and B.C. Assessment shows the home fetched $1.4 million in November 2020.

The Gelters then asked for $20,000 back, but the strata refused.

READ MORE: Vernon couple lose legal fight with strata over blocked lake view

The couple then launched a Civil Resolution Tribunal against the strata arguing to get their money back plus legal fees.

The couple said the strata owed them $31,000, while in a counterclaim, the strata said it was the Gelters that actually owed them $32,000.

The main sticking point was a small "pony wall" the Gelters had built on their patio without permission.

"The strata’s property manager and their lawyer sent separate letters stating that the wall alteration breached (a) bylaw... both letters warned of fines or other enforcement steps and provided the Gelters an opportunity to respond," reads the decision.

The strata had fined them $200 a week for having the wall, while the Gelters argued they didn't need permission to build it.

The case went to a strata hearing, and the Gelters asked for permission for the wall to stay. The strata refused and continued sending $200 fines each week.

The legal case is the second in recent months involving the building's strata. In 2021, another couple who previously owned a home at the complex lost a case against the strata over their neighbour's "privacy screens" which they said blocked their view of the lake. The couple pointed to 10 separate bylaw infringements but still lost.

The Gelters claim in their Civil Resolution Tribunal case that the strata treated them "significantly" unfairly. The Tribunal disagreed.

"The Gelters’ wall had a portion that extended to the ceiling... I have also found the Gelters’ extension blocked the view from the neighbouring strata lot. So, I find the strata’s conditions were reasonable," the Tribunal ruled.
Ultimately, the Gelters racked up $7,400 in fines because of the pony wall.

The strata then claimed the Gelters owed $23,611 in legal fees to deal with the pony wall and several other issues.

However, the strata failed to prove its $23,000 legal bill was directly linked to the pony wall, and the Tribunal calculated the bill at $6,878.

The Tribunal also dismissed a claim by the Gelters for $5,000 due to harassment and loss of use and enjoyment for their home, but did rule they were unfairly fined $600 for failing to trim a tree when they did in fact trim it.

The Tribunal ruled against a $1,200 refund for fines the couple paid for a trellis which was "inconsistent with the appearance of other strata lots."

After the Tribunal calculated the correct amount of legal fees and fines the strata can collect, it was ordered to pay the Gelters $6,509 from the $21,000 it has holding in its trust account.

Meaning, the pony wall and other missteps cost the couple $14,770.

READ MORE: Kamloops strata loses fight with tenant smoking on balcony: court

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