Tribunal orders B.C. strata to scrap fixed EV-charging fee

A strata complex in White Rock, B.C., has been ordered to stop asking residents to pay to charge their electric vehicles.

The order comes after a resident applied to the Civil Resolution Tribunal claiming the strata corporation governing the Miramar Village complex at 1425 Johnston Rd. was overcharging him for the use of an EV charger.

John Curtis said the $35 per month charge did not reflect the actual amount of electricity he used, and he asked the strata to reduce his fee to $14 per month and reimburse him for the difference.

But in a decision released on Thursday, the tribunal said the strata had not established the fee was reasonable in the first place, and it should stop enforcing it.

While the tribunal noted the strata is allowed to charge fees for its services, as per the Strata Property Regulation (SPR), it said there was no documentary evidence detailing how it arrived at the $35 monthly figure.

"It provided no evidence of relevant factors, such as average use, prevailing market conditions or of the costs that it incurs for EV charging," the tribunal decision reads in part.

"Although Mr. Curtis, as the applicant, has the burden of proving [his] claims, I find that because the strata is imposing the user fee, it has the burden of proving that the fee is reasonable," it adds.

The strata complex has been ordered to pay Curtis $280 to reimburse him for EV charging fees paid between February and September of this year, as well as tribunal fees and interest.

Resident proposed individualized fees

According to the tribunal, the strata passed a bylaw at its 2023 annual general meeting that set a monthly fee of $35 for anyone charging an EV in their parking spot.

Curtis said his electricity consumption per month averaged $13.71, based on an annual driving mileage of 6,000 kilometres.

According to the tribunal, he suggested that the strata impose individualized fees based on car owners' power consumption — something Curtis argued would only incur nominal costs, as there were around 10 EV charger users in the strata complex.

"The strata does not dispute that Mr. Curtis's calculations of his actual electricity usage are accurate," the tribunal decision reads.

"Instead, the strata says that it is not feasible for it to impose user fees based on each user's actual consumption, and that a fixed rate for all owners is the most appropriate method."

The strata's argument was accepted by the tribunal, which added that the SPR allowed strata corporations to charge both fixed fees as well as fees that vary based on a user's consumption.

However, the tribunal found that the minutes of the meeting, where the EV charging fee was passed, did not include a justification or explanation for the $35 monthly figure.

"In the absence of further evidence from the strata about why it believes the $35 per month user fee is reasonable, I find the strata has not established that the user fee is reasonable in the circumstances," the tribunal decision reads.