A Langley strata owner who incurred hundreds of dollars in fines for installing a carport camera won’t have to pay up, B.C.'s Civil Resolution Tribunal has ruled.
In March 2022, Amir Hossein Shirazian set up the surveillance equipment above his garage door after a break-in, according to a July 18 . He was fined $200 by the strata for not getting prior approval.
By August, the council had voted on recurring fines. By September, there were $800 in fines on Shirazian’s account. The camera was eventually removed in December of that year.
Shirazian claimed other owners had similar cameras installed. He sought tribunal orders that the strata retract the bylaw fines and permit him to reinstall his camera.
The strata said Shirazian, after two strata council hearings, refused to remove the camera and make a proper request to install it. Fines were issued as a result.
“I find the strata must remove all bylaw fines relating to Mr. Shirazian’s camera installation,” said tribunal vice-chair J. Garth Cambrey. “I also find Mr. Shirazian is not entitled to an order that the strata permit him to reinstall his camera.”
He arrived at that conclusion after finding Shirazian had provided no proof other owners had installed cameras.
In a letter Shirazian received from the strata, noting the equipment breached strata bylaws, Cambrey said there was no mention of fines. And when council voted on recurring fines, the frequency of re-occurrences was not noted.
The tribunal ruled the first correspondence did not mention a complaint, what bylaw was allegedly contravened, or offer an opportunity to respond.
Cambrey found the strata did not follow proper procedures under the Strata Property Act.
“I find the Mr. Shirazian is not responsible to pay any fines relating to his camera installation up until it was removed on Dec. 23, 2022. I order all such fines to be removed from Mr. Shirazian’s strata lot account.”
As far as other owners having cameras, the strata provided documentary evidence that at least two other owners were required to remove similarly installed cameras.
