A B.C. Civil Resolution Tribunal has ruled that a woman’s live-in companion meets a strata’s bylaw definition of “family” and ordered them to stop the enforcement of the rule.
The claim was that homeowner Alison Pennie violated a bylaw allowing a guest to stay for no more than 31 days in a year.
According Megan Stewart’s decision, Pennie had informed the strata that “FB” would be her guest from December 2021 and January 2022. In February 2022, she told the strata “FB” was now as her companion in the unit.
Pennie has been fined $200 monthly since February 2022 and sought $2,400 in unpaid fines. Strata has stated that it would continue to fine Pennie until her companion is out.
Pennie argued the bylaw discriminated against her based on her family status because under its definition of “single-family” or “family,” she lacks family or spousal status with “FB.”
Pennie said an owner without a family is narrowly defined in the bylaw, forcing people “to live alone and in solitude, which is burdensome and disadvantageous to them.” She vehemently stated that the bylaw precludes her from enjoy the benefits of relationship and companionship that other homeowners enjoy.
“I find the owner has identified a relationship with FB in which they were committed to mutually supporting each other and intended to live together with a degree of permanence, and which is essentially a family relationship,” Stewart said.
Further, Stewart said, the bylaw was detrimental to Pennie as the two were not allowed to live together as others did. The strata had no reasonable and bona fide reason to enforce the bylaw against her, said Stewart.
“I note this order does not cover the owner’s living arrangements with any other person, but only her living arrangement with FB,” Stewart said.
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