CRT Says Retroactive Fines Improper
In a recent Civil Resolution Tribunal ("CRT") strata decision, a strata owner disputed fines levied against her for renting her strata lot out: Shen v The Owners, Strata Plan LMS 970, 2020 BCCRT 953 . The strata was seeking to collect $19,500 in fines against the owner. In this case, the strata had a rental restriction bylaw wherein an owner required strata permission before renting their strata lot. In November of 2019, the owner was renting her strata lot, but never sought prior permission. November 29, 2019, the strata notified the owner of her breach of the bylaws. The owner didn't seek permission and the strata followed up on the bylaw breach issue, and invited the owner to respond. The second letter warned the owner that council intended to impose retroactive fines to June 1, 2019 - this second letter was sent to the owner December 20, 2019. By the end of January 2020, the strata decided to fine the owner. Further discussions ensued and by April 21, 2020, the str