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#19357
B.C. TRIBUNAL turfs strata FINE HELD UNREASONABLE - too many deck planters (Harris v EPS682) 2022/09/20 16:27  
Not legal advice as usual.

1 - Owners association wars / condo or strata wars over planters, mini-flags, mini-trellis etc can enter a Twilight Zone in the hands of volunteer Directors.

Whatever the merits on a case-by-case basis, some mind-boggling and expensive disputes can be followed by bitterness. Way out of control . . . . .

One thinks the general context of an incredible Ottawa Ontario 2017-18 LIEN over window planter condo war ( Sennek v Carleton CC # 116
https://ontario.cafcor.org/index.php?option=com_fireboard&Itemid=46&func=view&catid=11&id=19357#19357 )

2 - Along has come this recent British Columbia CRT Civil Resolution Tribunal adjudication.

Strata FINES are legal in B.C. But in the hands of volunteers, some disturbing stuff can occur.

Harris v. The Owners, Strata Plan EPS682, 2022 BCCRT 971 issued Aug 31/22 https://canlii.ca/t/jrpvq

xcrpted ORDERS

36. I order the strata to immediately reverse the $200 bylaw violation fine from the Harrises’ strata lot account.
37. Within 21 days of this decision, the strata must reimburse the Harrises $ 112.50 for half of their CRT fees.
38. The Harrises are entitled to post-judgment interest under the Court Order Interest Act, as applicable.
39. I dismiss the remainder of the Harrises’ claims.
40. Under section 57 of the CRTA, a validated copy of the CRT’s order can be enforced through the British Columbia Supreme Court. Under section 58 of the CRTA, the order can be enforced through the British Columbia Provincial Court if it is an order for financial compensation or return of personal property under $35,000. Once filed, a CRT order has the same force and effect as an order of the court that it is filed in.

Article picked up by giant US site :

Sep 3/22 INFOnews.ca “B.C. condo owner fined $200 for having too many planters” by Ben Bulmer

https://infotel.ca/inhome/bc-condo-owner-fined-200-for-having-too-many-planters/it93818
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