Strata tries to charge B.C. woman $14K in 'move-in' fees for Airbnb guests

A woman browses the site of U.S. home sharing giant Airbnb on a tablet. (AFP / John Macdougall)

A B.C. woman who faced $14,000 in fines for renting out her Burnaby condo for short-term accommodations has had her bill cleared by the province’s Civil Resolution Tribunal.

Jeannie Frost has won her claim against Strata Plan BCS3463, which is listed as the owner of 9009 Cornerstone Mews, on Simon Fraser University’s Burnaby campus.

The strata wanted Frost to pay a $200 move-in fee for each of 56 times Airbnb guests rented her space between 2016 and 2020, according to the decision by CRT member Micah Carmody.

In a letter sent in March, the strata informed Frost of the move-in fees, as well as $50 fines she faced for breaking a bylaw contravention that requires tenants to provide a form when new occupants take over a property.

While the strata argued the move-in fees create accountability, Carmody found there wasn’t evidence to support the charges were reasonable.

“I do not agree that a fee imposed for each occupancy change creates accountability. It is not like a damage deposit that is returned to Ms. Frost or the occupant if they cause no damage,” Carmody wrote in the decision.

With no photos of damage to common property, or invoices showing maintenance costs accrued, the CRT also found a $50 fee for moves that don’t involve furniture was unreasonable.

Frost has owned a unit in the residential building since 2009. The agreements she made through Airbnb were licenses, not tenancies, Carmody ruled. As a result, Frost was not required to provide any documentation regarding bylaw contravention.

The tribunal has ordered the strata to cancel charges against Frost and reimburse her $125 for CRT fees.