Condo Owners Challenge Retroactive Photocopier Fees as Unlawful
In a recent Condo Smarts column, owners have raised alarms over strata corporations imposing unexpected user fees for photocopier usage, with charges dating back to 2019 and reaching as high as $3,000 for a single user. The controversy centers on a Vancouver strata that allowed photocopier access in an amenity room for years without prior billing, only to start invoicing owners retroactively last year.
Legal Grounds for User Fees Under Scrutiny
According to Tony Gioventu, executive director of the Condominium Home Owners Association, strata corporations are only permitted to charge user fees for common facilities like storage lockers or gyms if specific conditions are met. These include:
- Identification of the facility or asset in the strata bylaws or rules.
- Clear specification of the fee amount, calculation method, and rate.
- Approval of bylaws by a three-quarters vote at a general meeting and filing in the land title registry.
- Ratification of rules set by council at the next general meeting.
Gioventu emphasizes that bylaws or rules are not retroactive and only take effect once filed or ratified. Without such documentation, the fees lack legal standing, and owners have reported feeling intimidated by threats of collection services, liens, legal actions, and loss of voting rights.
Implications for Strata Governance and Owner Rights
The situation highlights broader issues in strata governance, as user fees and fines cannot form part of a lien against a strata lot, meaning they should not affect voting eligibility. Additionally, strata corporations may not divert strata fee payments to cover unpaid fines or user fees to force defaults. Under the Limitation Act, claims from two to six years ago may be invalid without routine notice, further complicating the retroactive charges.
Gioventu advises affected owners to seek a written legal opinion on the validity of these claims and consider filing a dispute with the Civil Resolution Tribunal. This case underscores the importance of transparent bylaws and rules in preventing unfair practices within condominium communities.
