小蓝视频’s Civil Resolution Tribunal has ordered a strata council to remove $3,000 in fines against an owner who was renting out his unit through Airbnb.
In her , tribunal member Deanna Rivers said Martin Fisher claimed the strata improperly assessed bylaw fines for a rental although she found he had violated a bylaw.
Fisher also claimed $20,236.76 in lost revenue for a rental he had to cancel, and $1,347.94 for an Airbnb cancellation fee.
The strata, however, said Fisher breached bylaws on three occasions, and it properly assessed the bylaw fines. It was there that Rivers disagreed.
The strata had a short-term accommodation bylaw prohibiting use of a unit for temporary accommodation for the general public, vacation rentals, travel accommodation, short-term accommodation less than 30 days, or as a room rental or similar arrangement.
The strata said Fisher could not rent his strata lot to the general public, and that Airbnb is available to the general public.
And, Rivers found, the occupants “were members of the general public.” As such, she said, the occupants were occupants for convenience, without finding that they were occupants of the strata lot pursuant to the bylaws or the Strata Property Act (SPA).
“I find this means that if Mr. Fisher used his strata lot for temporary accommodation, it did not matter the platform or other method used to locate the occupant,” Rivers said.
And, she said, the bylaws do not define ‘temporary accommodation.”
But, she said, the occupants did sign residential tenancy agreements for stays between 31 and 41 days. That, however, Rivers said, was not proven as Fisher provided neither the agreements or the Airbnb terms and conditions for long-term rentals.
“I find that Mr. Fisher has not proved he had a tenancy agreement with the temporary occupants of his strata lot,” Rivers said. “So, I find the occupants were under a licence agreement.
And that, she said, meant Fisher breached a bylaw when he twice allowed use of his strata lot for temporary accommodation and had not proven whether it was a lease or a rental.
“I find the strata was entitled to fine Mr. Fisher for the bylaw breaches, provided it followed the SPA when assessing fines,” Rivers said.
The fines
However, Rivers then had to determine if the strata could impose fines under the SPA.
She said a November 2022 strata letter did not say, other than by a reproduction of the entire bylaw, that the bylaw breach was specifically for providing temporary accommodation for the general public.
That, she said, did not give Fisher sufficient information for him to understand what he was being accused of doing.
“The strata did not bring the contravention specifics to his attention until May 5, 2023, after the fine was imposed,” Rivers said.
An April 28, 2023, strata letter imposed a $3,000 fine for breach of the bylaws.
It said the strata lot was “posted and being used for short-term lease rental through Airbnb.” It quoted the bylaw, which stated the strata council had the ability to fine the owner up to $1,000 per occurrence.
“It does not state what three occurrences … the fine applies to,” Rivers said.
She said the strata had not complied with the SPA and ordered the fines removed.
Fisher had also alleged the strata harassed him but Rivers said claim for harassment does not fall under the tribunal’s jurisdiction.
