B.C.’s Civil Resolution Tribunal has told a B.C. man he can’t park his boat on common property for more than 48 hours.
Donald Fredrick Voysey co-owns a strata lot and was issued a bylaw violation letter in the summer of 2022 for his boat parking. He told tribunal member Megan Stewart the violation was issued due to misinterpretation of the applicable bylaw.
Voysey also claimed the strata treated him unfairly compared with other strata lot owners who are allegedly allowed to park their recreational vehicles (RVs) on common property without consequence.
He wanted the violation rescinded.
The strata said it did not misinterpret the bylaw. It says it properly issued Voysey the letter and subsequent correspondence about parking his boat on common property. The strata told Stewart that Voysey has not been fined and denied treating him unfairly.
In her Sept. 13 decision, Stewart said it was undisputed that, in July 2022, Voysey would park his boat on the common property road in front of his property in the evening in preparation for loading it up the following morning to go fishing.
After fishing, he would return, unload and clean the boat, run the engine, and process his catch. If he intended to go fishing again the next morning, he would park his boat on common property overnight.
“He would do this for up to seven days at a time,” Stewart said.
On Aug. 2, 2022, the strata manager wrote to Voysey to advise the strata had received multiple complaints.
Voysey requested a hearing before the strata council, which took place on Sept. 1, 2022. He was asked how long he needed to load or unload his boat, to which he answered between 30 and 60 minutes, Stewart said.
After the hearing, the strata wrote to Voysey to confirm that based on the time he said he needed to load and unload his boat, he had been parking his boat on common property for longer than was necessary to complete these tasks.
Two weeks later, the strata wrote to Voysey to advise he had again parked his boat on common property for longer than he needed. Again, the strata requested he adhere to the bylaw, and move his boat.
For his part, Voysey said that at no point did he park his boat on common property for more than 48 consecutive hours, which is what he says the bylaw prohibits.
He presented the strata council with evidence of marked fishing licences belonging to people he was fishing with, saying that proved his boat was on the water between periods of being parked on common property at the time of the complaints.
Stewart found that once an owner reaches the 48-hour limit, there is nothing in the bylaw that prevents them from moving their vehicle and then returning to park it again for another consecutive 48 hours.
Stewart said Voysey’s allegation was essentially one of inequitable treatment between him and certain RV owners.
“I find the evidence does not establish the strata treated him inequitably in the circumstances, that is, in the absence of a hearing request or in the absence of a complaint,” she said.
“I find the strata has not treated Mr. Voysey significantly unfairly,” Stewart concluded.
