BC condo owner beats bulk of Airbnb strata fine at tribunal
How the strata’s penalty calculation failed
Despite its partial evidentiary win, the strata’s fine structure did not survive scrutiny. Section 2 sought $1,000 per day for each alleged rental period, but Reynolds found the building’s bylaws only permit daily fines after a contravention “continues without interruption” for more than seven days. That meant the strata could charge a flat $1,000 for the first week, then escalate to $1,000 per day thereafter.
More critically, Reynolds found the strata had not completed the two-step notification process required under SPA section 135 — a strict procedural requirement confirmed by the BC Court of Appeal in Terry v. The Owners, Strata Plan NW 309 (2016 BCCA 449) — before moving to daily penalties. That procedural failure limited recovery to a flat $1,000 per proven contravention across the three upheld incidents.
The outcome carries practical weight for condo investors at a time when, British Columbia has been expanding enforcement of short-term rental restrictions across the province.
The province’s Short-Term Rental Accommodations Act (STRAA) restricted listings to principal residences in most BC communities as of May 1, 2024, and the mandatory provincial registry has been in full effect since May 2025.
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