CRT USE ONLY July 17, 2020 ST-2020-001850 The Owners, Strata Plan BCS 2103 VIVIAN WONG CRT USE ONLY Kate Campbell July 17, 2020
53 Violations for short term rental x $200 each Separate evidence in attachments. Concierge reports, fob audits, pics of guests, pics of guest reservation, AIrBnB listing and same pics from realtor site, letters from residents regarding this unit. -------------------------------------------------- ---------------------------------------------------------------------------------------------------- -------------------------------------------------CRT USE ONLY $10,600.00 $10,600.00 $0.00 $0.00 $0.00 $0.00 PAGE www.civilresolutionbc.ca | 1-844-322-2292 (toll free)
Please note the CRT will not generally order parties to apologize, make donations, or stop serving on strata councils. VIVIAN WONG An order to Vivian Wong to cease using their strata lot 64 for the purpose of short term rental following BCS 2103 bylaw 36 (a) 36A A strata lot must not be used for short-term accommodation purposes, including, but not limited to, a bed-and-breakfast, lodging house, hotel, motel, home exchange, time share, temporary housing, corporate housing, vacation rental or extended vacation rental, whether arranged through websites such as Air BnB, VRBO, Premiere Executive Suites. -------------------------------------------------- ------------------------------------------------------------------------------------------------------------------------------------------------------ ---------------------------------------------------------------------------------------------------PAGE www.civilresolutionbc.ca | 1-844-322-2292 (toll free)
CRT USE ONLY $0.00 $0.00 (receipts required ) (receipts required $0.00 $0.00 ) (receipts required if more than $50) expense description: $0.00 $0.00 $150.00 $150.00 PAGE www.civilresolutionbc.ca | 1-844-322-2292 (toll free)
CRT USE ONLY $10,600 $10,600.00 % % $206.50 $206.50 $74.14 FOR CRT USE ONLY $280.64 CRT USE ONLY The applicant is also entitled to post-judgment interest. $11,030.64 PAGE www.civilresolutionbc.ca | 1-844-322-2292 (toll free)
CRT Default Decision and Order The applicant(s) applied for strata property dispute resolution with the Civil Resolution Tribunal (CRT) and requested a default decision and order of the CRT. The following is the CRT’s default Decision and Order. CRT DECISION Proof of Notice: 1. A respondent must respond to a Dispute Notice within 14 days of receiving the Dispute Notice, as indicated on the Dispute Response Form or as permitted by the CRT. 2. Having reviewed the evidence, I am satisfied, on the balance of probabilities, that the respondent(s) received the Dispute Notice and did not respond to it by the deadline set out in the CRT’s rules. This means the respondent(s) are in default, as defined in section 1(1)(a) of the Civil Resolution Tribunal Act (CRTA). Jurisdiction: 3. The CRT’s strata property jurisdiction is set out in section 121 of the CRTA. The applicable CRT rules are those in place at the time the Dispute Notice was issued. 4. In a default decision such as this one, the CRT will make a binding decision without the participation of the respondent(s). The CRT will send the parties a copy of the final decision and order. 5. Under the CRTA and the CRT’s rules, in resolving this dispute the CRT may order a party to do or stop doing something, pay money or make an order that includes any terms or conditions the CRT considers appropriate.
Decision: Liability is assumed in default decisions. Since the respondent is in default, I find in favour of the applicant strata corporation (strata). In accordance with the CRTA and the CRT’s rules, I find the respondent must pay the strata the monetary amounts as set out in the preceding pages. This amount is payable immediately. I find the strata is entitled to any applicable post-judgment interest, which is not included as part of the “total order” amount. The strata also requests an order that the stop using her strata lot for the purpose of short term accommodations (STAs). The strata bylaws filed at the Land Title Office show that that on May 9, 2018 a new bylaw prohibiting STAs came into effect. The wording of that bylaw is set out in the documents provided by the strata, and I will not repeat it here. As this is a default order, and the bylaws prohibit STAs, I grant the order requested by the strata. I order the to immediately stop using her strata lot, or permitting others to use her strata lot, for the purpose of STAs. CRT ORDER In accordance with the CRTA and the CRT’s rules, I order the respondent to immediately pay the the monetary orders set out in the preceding pages. The is also entitled to post-judgment interest, as applicable. I also order the to immediately stop using her strata lot, or permitting others to use her strata lot, for the purpose of STAs. Under sections 57 and 58 of the CRTA, a validated copy of the CRT’s order can be enforced through the Supreme Court of British Columbia. The order can also be
enforced by the Provincial Court of British Columbia if it is a order for financial compensation or return of personal property under $35,000. Once filed, a CRT order has the same force and effect as an order of the court that it is filed in.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.