Vancouver couple fined by strata for having babies, violating occupancy limits in unit

A B.C. couple was repeatedly fined by their strata for violating occupancy limits after the births of their children, according to a complaint filed with the human rights tribunal.

A B.C. couple was repeatedly fined by their strata for violating occupancy limits after the births of their children, according to a complaint filed with the human rights tribunal.

The strata lost a bid to have the case dismissed earlier this month with the tribunal finding – in part – that there is a public interest in resolving cases like these where people allege limits on occupancy amount to discrimination based on family status.

"Our province is facing a housing crisis against the backdrop of many such maximum occupancy policies. A hearing on this complaint will assist stratas and their owners alike in navigating this crisis by highlighting the human rights considerations that arise in circumstances such as these," the Dec. 1 decision by the B.C. Human Rights Tribunal says.

Christina James and Matt Rowland had their first child in 2017 while living in a unit at Fairview Village in Vancouver. In November of that year, approximately three months after the birth, the strata sent the family a letter saying they were violating the bylaws.

"Council is under an obligation to apply the bylaws equitably, so regrettably, we must inform you that you are not in compliance with the bylaws," reads the letter, which was quoted in the tribunal's decision.

"Council understands that this may be difficult for you, and therefore council is giving you 12 months notice to comply with the bylaws."

The strata told the tribunal that the bylaws lay out the number of people who can live in a unit, depending on its size. The suite was constructed as a one-bedroom which meant the occupancy limit was two people, the tribunal was told. The couple told the tribunal that they understood the letter to be telling them they had to leave their home since there was no way to comply with the bylaw after they had a baby.