The B.C. Civil Resolution Tribunal has upheld a fine against an owner who changed the lock on her Burnaby condo's front door.
The strata at the Brentwood Three apartment highrise on Brentwood Boulevard fined Ada Stephanie Poon $200 for switching out the mechanical lock on her condo door with an electronic one, according to a tribunal ruling last week.
The strata said changing the lock had breached its bylaws, which prohibit owners from painting, decorating, adding or removing any part of the building that is visible form the hallways unless they first have the strata's permission.
The strata warned Poon before fining her and said it would rescind the penalty if she removed the electronic lock.
But Poon called on the CRT to order the strata to cancel the fine.
She argued the lock wasn't a fixture because it was installed without any drilling, damage or alteration to the door and could be removed without damaging the building.
She further argued the door wasn't common property.
Tribunal vice chair Kate Campbell disagreed.
She said Brentwood Three's strata plan doesn't designate the building's doors as limited common property and the Strata Property Act defines common property as any part of a building that is not part of a strata lot – and the boundary of a strata lot is the midpoint of its exterior wall.
"The door in question is on both sides of the midpoint. So, I find the door is common property," Campbell said of Poon's door.
Campbell ruled the strata's fine was valid and dismissed Poon's claim.
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