$3,200 in fines for condo owner's shade screen were valid, B.C. tribunal finds

This stock photo shows light reflecting off of a balcony. (Credit: Shutterstock)

A man who installed a shade screen on the balcony of his condo on the 16th floor of a highrise will have to pay more than $3,000 in bylaw fines, B.C.'s Civil Resolution Tribunal has ruled.

The decision in the dispute between Edward Tai and the strata was posted online Tuesday, explaining why the fines were found to be valid in the circumstances.

The offending screen was a retractable shade mounted to the underside of his upstairs neighbour's balcony which could be pulled down in order to provide shade on the patio and block some light from spilling into the unit, the decision says.

Tai was asking the tribunal to order the strata to reverse $3,200 in fines and to allow him to reinstall the screen. He also asked to be reimbursed for the costs of removing and rehanging it.

The strata, for its part, argued that installing the screen was an alteration to common property, and that making such an alteration is a violation of the bylaws unless it is approved by three-quarters of condo owners and then authorized by the strata.

Tai provided a photograph time-stamped approximately one-and-a-half hours after he took possession of the unit in 2021, arguing that the screen was there when he moved in and was installed by the developers from whom he bought the condo.

"Mr. Tai argues that 1.5 hours was not enough time for him to meet with the agent, sign paperwork, obtain keys, review the strata lot for deficiencies, and install the shade screen, before taking the photo," the decision says, acknowledging installing something so quickly after taking possession would be "unusual."

Unusual though it may be, Gardner said there was "simply no evidence" the developer installed the shade screen.

"No other balconies in the strata have such a shade screen. I find there is no reasonable explanation for the developer to have installed a screen only for (one unit) with no record of it doing so and no record of Mr. Tai requesting it," she wrote.

Because the screen was screwed into the building's exterior and was meant to be permanent the tribunal found it "likely constitutes a significant change to the appearance of common property."

The strata imposed its first fine of $200 in 2022, also informing Tai that it was authorized to impose a fine of $200 per week as long as he continued to contravene the bylaw.

Weekly fines were imposed between January and April of 2023, for an additional $3,000 in penalties.

The tribunal found the strata was entitled to levy the fines and that it followed the proper process for informing Tai.

"I find the fines were validly imposed for Mr. Tai’s breach of bylaw," Garnder concluded.