Can a strata corporation charge a reasonable user fee for waste disposal for commercial and residential strata lots?
British Columbia, Canada
The following excerpt is from Therrien Investments Ltd. v. The Owners, Strata Plan VIS 7041, 2021 BCCRT 788 (CanLII):
25. The test for whether a user fee is reasonable is an objective one, taking into consideration market conditions and a strata corporation’s actual costs (see The Owners, Strata Plan LMS 3883 v. De Vuyst, 2011 BCSC 1252). It is not clear whether the costs associated with each contract with the waste disposal provider are the strata’s actual costs for garbage disposal for the commercial and residential strata lots. I find that the evidence before me does not support the conclusion that the user fees meet the requirements of 6.9(2) of the Regulation.
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