B.C.’s Civil Resolution Tribunal: White Rock strata provided no evidence how it set fee amount for EV charging
B.C.’s Civil Resolution Tribunal has ordered a White Rock strata to stop charging fees for electric vehicle charging and to reimburse an owner for what he has paid.
EV owner John Craig Curtis told tribunal member Alison Wake the strata was overcharging him for using a charger. Curtis sought an order to have the strata reduce the fee and refund his overpayments. The strata said the user fee is permitted by its bylaws, is reasonable and asked Wake to dismiss Curtis’ claim.
In her Sept. 27 decision, Wake said the strata passed a resolution at its 2023 annual general meeting to include a new bylaw setting out a user fee of $35 for charging an EV in their designated parking stall. However, Curtis argued the user fee was unreasonable and does not reflect his actual electricity usage for charging his EV.“However, the strata plan shows that the strata’s parking areas are common property,” Wake said. “So, I find Mr. Curtis does not own his parking stall.
Consumption rate Curtis argued that the Strata Property Regulation requires that a user fee be based on the individual user’s consumption rate. She said the regulation says a user fee may be either a fixed amount or may be an amount determined on a reasonable basis, including, but not limited to, factors including the user’s consumption rate.
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