A Penticton family won't have to pay their strata an almost five-figure penalty after a ruling by the Civil Resolution Tribunal.

The Torgersons and a strata council, for seven buildings on Comox Street in Penticton, were before the tribunal over a dispute regarding an inflatable hot tub, a pet fence and a painted wall. 

The couple claimed that the strata had unfairly been fining them $200 a week since May of 2023, while the strata council had filed a counter-claim over the unapproved alterations to the strata's common property. 

The decision issued on Aug. 15 gave victories to the couple and the strata on particular issues, with neither getting a total win. 

Tribunal Member J. Garth Cambrey noted that under the Strata Plan Act (SPA) the process for issuing fines was laid out in a strict manner with several required steps, including receiving and providing a copy of a complaint. 

"The [Torgersons] replied on the same day saying the SPA requires a complaint before fines can be assessed and requested a copy of the written complaint," reads the decision. "In response, the council president said 'there was no complaint from anyone. It was only observed what you have been doing which we tried to warn you about without success.'"

Cambrey found that it was clear the strata had not received a complaint, and also added that even if there was a complaint the strata failed to provide the appropriate particulars for what bylaws the Torgersons were breaching. 

As a result of failing to follow the SPA fines procedure, Cambrey ordered the accumulated penalties to be wiped out. 

The Torgersons may not get to keep their hot tub, art or pet fence, as Cambrey found that they were placed on the strata's common property without an application or permission. 

He gave the Torgersons 30 days to apply to the strata to keep their alterations, and for the strata to act reasonably and provide a written response, or they must move the hot tub, art and pet fence. 

Cambrey also awarded the Torgersons $50, for the cost the couple and the strata paid in tribunal fees equal.