B.C.’s Civil Resolution Tribunal has ordered a White Rock strata to stop charging fees for electric vehicle (EV) charging and to reimburse an owner for what he has paid.
EV owner John Craig Curtis told tribunal member Alison Wake the strata was overcharging him for using a charger. Curtis sought an order to have the strata reduce the fee and refund his overpayments.
The strata said the user fee is permitted by its bylaws, is reasonable and asked Wake to dismiss Curtis’ claim.
In her Sept. 27 decision, Wake said the strata passed a resolution at its 2023 annual general meeting to include a new bylaw setting out a user fee of $35 for charging an EV in their designated parking stall.
Curtis has paid the monthly user fee since Feb. 1.
However, Curtis argued the user fee was unreasonable and does not reflect his actual electricity usage for charging his EV.
Still, Curtis claimed his EV charger is installed in his “privately owned” parking stall.
“However, the strata plan shows that the strata’s parking areas are common property,” Wake said. “So, I find Mr. Curtis does not own his parking stall."
Consumption rate
Curtis argued that the Strata Property Regulation requires that a user fee be based on the individual user’s consumption rate.
Wake disagreed.
She said the regulation says a user fee may be either a fixed amount or may be an amount determined on a reasonable basis, including, but not limited to, factors including the user’s consumption rate.
Curtis argued his fee should be $14 a month.
However, the strata said that it is not feasible for it to impose user fees based on each user’s actual consumption, and that a fixed rate for all owners was the most appropriate method.
The charging fees cannot be connected to each user’s BC Hydro account, the parties agreed.
But, the strata did not provide evidence as to how it arrived at the $35 fee.
Wake found the strata had not established that the fee was reasonable and unenforceable.
“I find it is appropriate to order the strata to stop enforcing the user fee," Wake said, later adding the strata, “may establish a reasonable user fee based on other considerations, including prevailing market conditions or its own costs.”
In addition, Wake ordered the strata to reimburse Curtis the fees he paid for eight months.
