A strata in Victoria, B.C., that tried to charge a $150 move-in fee was found to be unreasonable after an owner complained the charge was excessive, the B.C. Civil Resolution Tribunal has decided.
Robert Keith Craig told tribunal member Kate Campbell the amount was too much as the Victoria strata only incurred costs for entry phone system and gate changes, updating key records, updating owner records, and cleaning up hallways and entrances.
He wanted the fee completely removed but the strata claimed it was reasonable and should remain.
The strata’s bylaws say an owner must pay a non-refundable fee of $150 at least three days prior to any move.
Campbell’s said Craig purchased his unit in February 2022, and moved in on March 20, 2022.
The strata imposed the $150 move-in fee which Craig disputed via email.
He said because the unit is on the first floor, they did not use the elevators, so there was no cost or effort for a caretaker to hold the elevator or put up protective pads.
“Mr. Craig says no services were provided during their move-in, so the fee is invalid,” Campbell said.
The strata, however, said the bylaws apply equally to all owners.
But in her decision, Campbell said the strata provided no specific evidence of these costs, no evidence or estimates about how long tasks around a move-in took, and no evidence about the caretaker’s hourly wage.
“I find the strata has not proved the $150 move-in fee is reasonable in the circumstances of this dispute,” Campbell said.
She added, “I accept that the caretaker did some work in updating the entry phone, gate, and records. So, I find on a judgment basis that a $50 move-in fee is reasonable in the circumstances.”