The owner of a unit at the Summerland Waterfront Resort has been awarded $67.50 from the resort hotel following a dispute about renting out his hotel room.
The compensation awarded by the Civil Resolution Tribunal on Feb. 8 is half the amount of owner Michael Drance’s fee for the tribunal. But further compensation by Drance of $29,000 for legal expenses and $16,060 for his own dispute preparation time was denied.
The tribunal hearing started when the Summerland Waterfront took Drance to the tribunal to force him to rent out his unit as a hotel suite.
The covenant at the resort hotel says strata lots must be used as a public hotel at the resort, and owners of the lots, including Drance, can only occupy the lots by making a reservation through the hotel. When strata owners are not occupying their lots, the units must be available for public hotel use.
However, the hotel management agreement does not say owners must make their strata lots available for hotel use, Richard McAndrew, a tribunal member, said in the 18-page tribunal statement.
Drance is not required to rent his strata lot to the public.
The tribunal decision includes several orders.
Within 30 days, the strata must pay Drance $67.50 as reimbursement of his tribunal fees. Drance is also entitled to post-judgment interest from the strata under the Court Order Interest Act.
The strata must also reconsider an alteration request made by Drance in August 2019 and must make a new decision about this request within 30 days. This decision must not consider the use or availability of the strata lot as a hotel suite.
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