A Vancouver strata fined a couple for violating occupancy restrictions after they had two babies.
Christina James and Matt Rowland lived in Fairview Village complex, but shortly after their first child was born, the strata board notified the couple they were in violation of its occupancy bylaw and began levying fines for the violation, according to a B.C. Human Rights Tribunal decision.
The family eventually moved to a rental and filed the tribunal complaint, alleging family status discrimination under the B.C. Human Rights Code.
Fairview Village denied discriminating against the two individuals and applied to dismiss the complaint, said tribunal member Robin Dean in a Dec. 1 decision.
Dean rejected the strata's application to dismiss the case.
Bylaw violation came 12 days after birth
The bylaw defined occupancy for three people if the strata lot was constructed by the owner-developer as one bedroom unit with a den.
The unit was a one-bedroom to which the couple added a den.
The couple had a child on Aug. 5, 2017. Twelve days later, the couple received a letter from the strata council saying they were in violation of bylaws and gave them 12 months to comply.
The couple said in affidavit evidence that they took strata council’s notice to mean that they were required to vacate the unit within 12 months. They said the only financially viable option for them was to sell or rent the unit.
“They could not afford to leave the unit and let it sit empty,” Dean said.
On Dec. 31, 2018, the strata's agent sent another letter to the couple about the alleged breach saying they would be fined $50 starting Jan. 1, 2019 if the breach continued.
The couple had a second child June 15, 2019. Three weeks later, the agent sent another letter which was followed a day later by a strata council meeting where it discussed the situation.
The council agreed “after considerable discussion” to have the agent ask the couple to respond to council as to how they intend to come into compliance with the strata corporation’s bylaws.
On Aug. 27, the council again met again and agreed to a fine of $200 for each bylaw breach.
Two weeks later, the couple received another notice asking when they would be in compliance.
“The complainants responded on September 13, 2019 that they were close to securing a rental property and requested a suspension of the fines,” Dean said.
Couple requests strata stop alleged human rights violations
That November, they filed their tribunal complaint asking for an order that the strata cease and desist; that it stop alleged human rights contraventions; that it provide fine compensation; and pay damages for injury to dignity, feelings and self-respect.
James and Rowland moved with their children into a rental home in December 2019 and rented out their Fairview Village unit. In March 2021, they sold the unit after the strata filed an application to dismiss their tribunal case.
But in Dean's refusal to dismiss the case, he said the situation had not been resolved, and that the strata’s reversal of fines “falls short of taking reasonable and effective action to remedy discrimination.”
The tribunal member said “our province is facing a housing crisis against the backdrop of many such maximum occupancy policies.”
He added: “A hearing on this complaint will assist stratas and their owners alike in navigating this crisis by highlighting the human rights considerations that arise in circumstances such as these.”
Dean said continuing with the complaint would be in line with the public purposes of the provincial Human Rights Code.
