01/08/2018 – Jurisdiction British Columbia
Part 63 published on 01/09/2018
Court approves fines levied by Strata Corporation for breach of by-laws
The owners had built a house (on their strata lot) not in compliance with the strata corporation’s by-law, which had adopted a registered Building Scheme applying to the strata lots.
The strata corporation had levied fines against the owners for the violations. The accrued fines (over a period of approximately five years) totaled $54,285.71, plus interest.
Ultimately, the owners had remedied the violations. However, there was still the matter of the accumulated fines. The Court upheld the fines. Among other things, the Court said:
I do not accede to the defendants’ position that the plaintiff has unreasonably allowed the fines to accumulate or have acted unfairly toward the defendants.
The Owners, Strata Plan KAS 1362 v. Staerkle (BC Supreme Court) August 1, 2018