A B.C. woman who faced $14,000 fines for renting her Burnaby condo for short-term housing has had her bill approved by the province’s civil resolution court.
Jeannie Frost won the case against Strata Plan BCS3463, which is listed as the owner of 9009 Cornerstone Mews, on the Burnaby campus of Simon Fraser University.
Strata wanted Frost to pay a move-in fee of $200 for each of the 56 times Airbnb guests rented its space between 2016 and 2020, according to CRT member Micah Carmody’s ruling.
In a letter sent in March, the condos informed Frost of the move-in fee, as well as the $50 fines she faced for violating a bylaw violation that requires tenants to provide a form when new occupants take over. owning a property.
While Strata argued that the move-in fees created liability, Carmody found there was no evidence to support that the fees were reasonable.
“I do not agree that a fee imposed for each change of occupation creates liability. It is not like a security deposit that is returned to Ms. Frost or the occupier if they cause no damage,” Carmody wrote in the ruling.
In the absence of photos of damage to common property or invoices showing maintenance costs incurred, the CRT also found that a $50 fee for moves that do not involve furniture was unreasonable.
Frost has owned a unit in the apartment building since 2009. The deals she made through Airbnb were licenses, not rentals, Carmody said. Therefore, Frost was not required to provide documentation regarding the breach of the regulations.
The court ordered the diapers to drop the charges against Frost and reimburse him $125 for CRT’s costs.
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