A Maple Ridge apartment strata was found to have wrongly fined a resident $200 for dropping a french fry, and another $200 for making noise in the hallways of the building.
The B.C. Civic Resolution Tribunal ruled that Wellington Station on Burnett Street relied on security camera footage to enforce bylaw complaints and impose fines, which is deemed a breach of privacy, and ordered the fines reimbursed.
The Office of the Information and Privacy Commissioner has found that the use of video surveillance for security purposes may be reasonable, but its use to enforce minor strata bylaws is not.
The complaint was brought to the tribunal by BCFS Residential Rentals which owns two lots in the building. BCFS argued the strata used closed circuit television (CCTV) recordings to enforce bylaws and impose fines against one of its tenants, which is contrary to both the Personal Information Protection Act (PIPA) and the Strata Property Act (SPA).
BCFS asked for an order that the strata reimburse $400 in fines, and stop using CCTV recordings to monitor residents and enforce its bylaws.
The strata denied using CCTV records in that manner, argued the fines were valid, and also said the tribunal did not have jurisdiction over the dispute.
The tribunal asserted it does have jurisdiction, and agreed with BCFS.
About three years ago, the strata informed BCFS that its tenant had made a loud noise in a hallway on Dec. 17, 2021, and levied a $200 fine.
The second complaint was about food dropped on the floor in the parkade elevator lobby in March of 2022 – which turned out to be a single french fry. That resulted in a second $200 fine.
In each case, the complainant was the council, not another resident of the building. Other than the CCTV recordings there is no supporting evidence, such as witness statements, confirming the tenant's alleged conduct, noted the written decision from the tribunal.
BCFS had disputed the french fry fine, and the strata offered two CCTV recordings as evidence. The fines were paid, then BCFS filed its complaint.
The CRT said it does not have jurisdiction to determine a privacy breach, but the Office of the Information and Privacy Commissioner had determined the strata was not authorized to "collect the tenants' personal information on its video surveillance system for the alleged 2022 bylaw infraction."
"I find that it was significantly unfair for the strata to rely on the video recordings because that use contravened the PIPA," wrote J. Garth Cambrey in his tribunal decision.
He ordered the strata to reimburse the $400 fine, $39 interest on the fines, as well as CRT fees of $225, for a total of $664.
