B.C.’s Civil Resolution Tribunal has ordered a strata council to reverse $1,997 in fines against a couple whose grandson allegedly revved his Mustang's engine.
Elsie and Albert Hebein told the tribunal their grandson, who lives with them, drives the sports car.
The strata claimed the Mustang's engine “revving” noise was excessive, and had caused a nuisance to other strata residents contrary to strata bylaws. It fined the Hebeins $600 between April 2021 and September 2022. The Hebeins, meanwhile, claimed $1,997.44 in legal fees incurred before they filed the tribunal dispute.
On July 31, 2020, the strata said it wrote to the Hebeins saying it had received complaints of excessive engine revving and idling noise from the Mustang in their garage. It also alleged noise from car maintenance tools and loud music from the Mustang’s stereo.
On March 5, 2021, the strata wrote again and said the noise had not stopped.
“The letter said the Mustang must be ‘exclusively parked on public streets’ until the Hebeins provided evidence that the Mustang had an ‘effective exhaust system’ so it made no noise disturbance when running,” tribunal member Kate Campbell said.
The letter cited a bylaw and suggested fines.
Three days later, a strata letter repeated the street parking demand and said the vehicle could not be parked in the strata.
On March 24, 2021, the Hebeins attended a strata council hearing. Six days later, on March 30, another letter arrived saying the Mustang could not be parked within the strata. It said if there was no compliance by April 6, 2021, fines would start.
On April 14, 2021, the strata sent a letter saying it had fined the Hebeins $100 because they had not complied with the March 30 warning.
Campbell said the April 14 letter was invalid as there was no parking bylaw to prohibit driving or parking any vehicle on strata property. She said there was no evidence of a nuisance being caused, thus rendering a nuisance fine invalid.
Two October 2021 letters continued direction that the Mustang must not be operated or parked on strata property. An Oct. 27 letter said someone reported seeing the Mustang on strata property, so another fine was imposed.
Campbell said a fine cannot be imposed unless a strata notifies an owner in writing. She called the fine invalid.
Then, in a Sept. 15, 2022 letter, the strata wrote that it had imposed a $200 fine.
“The letter did not say what bylaw had been breached, or when the alleged breach occurred,” Campbell said. “Rather, the letter said it was 'further to previous bylaw complaint letters for the nuisance noise from the [Mustang] while it was operated inside the complex.'"
She found all the bylaw fines invalid.
She added: “I find the strata’s actions in attempting to enforce its bylaws do not rise to the level of harsh, wrongful, lacking in probity and fair dealing, bad faith, unjust, or inequitable.”
She dismissed the Hebeins’ remaining claims.
