B.C.'s Civil Resolution Tribunal has dismissed the case of a Surrey man who claimed his strata allowing electrical golf cart charging from a common property outlet was a bylaw infraction and dangerous.
Owner Karol Kabut wanted an order for the strata to enforce its bylaws by preventing another owner from charging their golf cart unless they installed a bylaw-compliant charger, according to the Aug. 9 decision from tribunal member Jeffrey Drozdiak.
Kabut said that, despite his complaints, the strata refused to enforce bylaws.
The strata said there was no bylaw preventing an owner from charging a golf cart using a common property electrical outlet. The strata also denied that charging a golf cart is a nuisance, a hazard, or interferes with the use and enjoyment of common property, as Kabut had suggested.
Drozdiak said that, in November 2019 and December 2020, the strata council received complaints about the golf cart owner parking their golf cart in a parking area. The strata subsequently sent a bylaw violation letter requiring the golf cart owner to rent a parking stall for the golf cart. The golf cart owner then rented a parking stall.
Then, in November 2022, Kabut complained to the strata council about the golf cart owner charging their golf cart from common property, something he argued breached bylaws.
“The strata council dismissed Mr. Kabut’s complaint,” Drozdiak said. “After a further hearing, the strata council maintained that there was no bylaw preventing the use of common property circuits to charge golf carts, and it would not take any further action.”
Kabut also argued the charging was dangerous but Drozdiak also dismissed those allegations.
Ultimately, Drozdiak found Kabut had not proven his allegations. He further found Kabut failed to prove the strata acted significantly unfairly when enforcing its bylaws.
