Tribunal overturns $86,000 in short-term rental fines for B.C. condo owner

A Lower Mainland condo owner will have to pay $3,000 rather than $89,000 after B.C.’s Civil Resolution Tribunal found her unit was used for short-term rentals but ruled most of the strata’s penalties were unsupported or overcharged.

In a July 27 decision, tribunal member Alissa Reynolds found it more likely than not that Yufeng Zhang’s unit had been used on Airbnb or a similar platform, contrary to the building’s bylaws. The strata relied on lobby and elevator security images showing people with luggage and a cleaner with supplies, along with key-fob records linked to the unit.

The strata alleged five rental periods between November 2023 and February 2024. Reynolds upheld fines for three of them, finding the evidence for the other two was limited to camera images without matching fob data.

Zhang said the unit had a long-term tenant and that a third-party agent managed the tenancy, though she acknowledged some oversight. Reynolds said repeated bylaw notices sent to Zhang’s email meant she knew or should have known about the alleged misuse. The tribunal also raised credibility concerns about a tenancy agreement Zhang later admitted had been backdated.

Reynolds found the bylaws allowed a $1,000 fine for the first week of an uninterrupted contravention, followed by daily $1,000 fines. She also found the strata had not completed the two-step notice process required by B.C.’s Strata Property Act before escalating penalties. For the three proven rentals, spanning 55 days, the strata could collect only $1,000 per violation. Zhang was also ordered to pay $125 in tribunal fees.