A Sicamous condo building embroiled in multiple disputes with owners who let their units out as short-term rentals has failed in its latest challenge against vacation rentals.

In two separate April 29 BC Civil Resolution Tribunal decisions, the strata of the Sicamous lakeside condo building sought $1,600 in unpaid fines and $14,000 in legal fees from the condo owners.

Strata EPS104 also wanted the Tribunal to order the condo owners to cease using their units as short-term rentals.

However, in both cases, the Tribunal dismissed all of the Strata’s claims.

The decision says the Strata of the eight-storey Mara Lake building argued that owners Jarred Shkopich and Amanda Kunkel breached the bylaws by using their unit for short-term accommodation and owed $600 in unpaid fines.

Shkopich and Kunkel denied liability, arguing the bylaws did not prohibit owners from using strata lots as vacation rentals.

In the second recently published case, the strata wanted owners Katrina and Katherine Mydske to pay a $200 fine for using their unit as a vacation rental, as well as an extra $1,000 to cover the costs associated with enforcing the bylaw.

However, in both cases, the Tribunal found that the Strata had failed to issue bylaw contravention letters “as soon as feasible” and ruled that the fines were invalid, regardless of whether owners were in breach of the short-term rental rules or not.

While the Strata had wanted more than $15,000 in legal fees and costs, it was left with no compensation.

Short-term vacation rentals appear to be a contentious issue at the Mara Lake apartment building.

In 2024, the Strata sued the owner of two units, arguing for $30,000 after the units were used as short-term rentals. The owners needed a business license from the District of Sicamous, and signed consent from the Strata, which it refused to sign off on.

While the Strata wanted the Tribunal to order the owners to cough-up $28,000 from their short-term rental profits, it was only awarded $400 from fines for hanging towels on the balcony and slamming a door.

The District of Sicamous dropped the signed consent requirement for a business license, but the issue of short-term rentals remains.

Since the beginning of the year, the Strata have taken legal action against nine condo owners with very little success.

A sticking point appears to be the bylaw which states that units’ primary use must be residential, but they can have seasonal accommodations, and “to a lesser extent, short-term rentals where supported by the strata.”

In one lengthy case against Kevin and Satnam Becker, the Strata argued for $500 in fines and $10,000 the costs of enforcing short-term rental bylaw breaches, and legal expenses.

The couple argued the unit was rented long-term as a single-family unit and a vacation rental for short periods of time. Ultimately, the Tribunal ordered the Beckers to pay a $170 fine.

In another case from February, the Strata wanted $2,000 in legal fees and $400 in paid fines.

Again, the Tribunal found it had not issued the contravention notices “as soon as feasible” and wiped the fines.

“The strata is professionally managed, did not provide any explanation for the delay, and did not provide a particularly lengthy or detailed decision letter that I find would have likely required extra time to draft,” the Tribunal ruled.

The Strata did have some success after a vehicle leak caused $6,000 of damage to the parkade.

The Tribunal dismissed $1,200 in fines but ordered the condo owner to pay $6,000 for the parkade damage.