B.C.’s Civil Resolution Tribunal has ordered a Vancouver strata to cut move-in fees for moves not involving furniture.
Kavita Bains claimed the strata’s moving fee is excessive and sought $1,050 for reimbursement of a portion of six moving fees.
“Mrs. Bains works both in Vancouver and overseas,” tribunal member Dianna Rivers said in her . “When she is away, she rents her home. She is charged a moving fee each time she moves out and a tenant moves in. She says that fee does not equate to the level of service provided by the strata or the concierge. She says her tenants bring in only luggage as her strata lot is rented fully furnished.”
She asked for an order the strata stop charging the current moving fee, and charge $25 or $50 per move instead, depending on whether there is furniture.
The strata, however, said the fees are set by the strata bylaws and that it properly assessed the fees. It also said the fee is typical of the strata’s building type.
The tribunal had provided letters from the strata relating to other bylaw violations.
“I find this evidence is not relevant to the current issue, so I did not consider this evidence,” Rivers said.
Like many strata bylaws, the building had certain rules, including that moves had to be scheduled, payment of a $300 move fee, a refundable security fee of $200, set hours, elevator lockouts, use of elevator padding, payment for any damage and post-move cleanup if needed.
“The strata provided the strata’s income statement for June 2024, showing year to date moving fee revenue for the strata of $40,200,” Rivers said. “It showed a budgeted revenue for the year of $23,000.”
And, she said, “the moving bylaws in this dispute apply equally to furnished rentals, unfurnished rentals, and owner moves.”
Bains argued that moving into a furnished rental causes less wear and tear on common property. She acknowledged the other costs associated with a new occupant are similar in a move with or without furniture. She said fees should reflect actual administrative costs and not exceed them.
“I agree that moves without furniture require less or no inspection of the common area for cleanliness and damage,” Rivers said.
But, she added, “based on the limited evidence, I find that the strata incurred expenses for administrative work by the concierge and the strata manager.”
Rivers found Bains has proved the $300 moving fee was not reasonable for moves not involving furniture and elevator padding.
“I find on a judgment basis that a $150 moving fee is reasonable in these circumstances,” Rivers said. “I make no finding as to whether the $300 fee is reasonable in other circumstances.”
Rivers also ordered the strata to revise its billing of Bains to reflect the $150 fee rate.
