A condo owner who was fined $200 for “stealing electricity” by charging his electric vehicle using an outlet in the building’s parkade has successfully challenged the penalty, according to a recent decision from B.C.’s Civil Resolution Tribunal.
The dispute dates back to 2024, when the strata—which is the entity in B.C. responsible for managing the common assets and property of a condo complex—levied the fine against Chik Lai.
“Mr. Lai decided to use a common property electrical outlet to charge his EV despite not having the strata’s permission. The strata determined the use of the outlet amounted to ‘stealing electricity’ and was contrary to its bylaws,” tribunal member J. Garth Cambrey wrote, in a decision published online Friday.
Evidence submitted to the tribunal included a 2023 email from a strata council member that outlined its approach to EV charging, saying use of the outlets in the underground parking for charging was allowed—with permission and some caveats, including that the owner pay for electricity and that only one charger was allowed to be plugged in at a time.
However, when Lai asked for permission to use a charger near his assigned parking spot, he was told the strata could not grant any new requests because it was in the process of obtaining an electrical planning report “so that it may fairly address EV charging for all owners,” the decision said.
Lai’s request, the decision noted, was not explicitly denied.
When an electrical breaker was “tripped” in February of 2024, the strata sent Lai an email, saying the electrical issue—described as a “safety hazard” was caused by three EVs being plugged into parkade outlets, the decision said.
“The email also advised that the strata was in the process of obtaining an (electrical planning report), that ‘at least 10 other owners’ had requested permission to charge their EVs in the garage, and that Mr. Lai could not ‘jump the queue’ and needed to be patient,” Cambrey wrote, in the decision.
Several weeks later Lai was fined, and he filed his dispute with the tribunal soon after.
The tribunal found the strata did not follow the prescribed process for fining Lai, and that even if it had, there was no relevant bylaw on the books.
“Without a bylaw that prohibits an owner from using common electricity, I find that Mr. Lai may do so,” Cambrey wrote.
In the months after Lai filed his dispute, the strata retained an electrician to assess whether it was safe to charge EVs in the underground parking lot. According to the decision, the electrician found that the charges required “dedicated circuits,” which were not in place.
“The strata determined that the electrical outlets where unfit for the purpose of charging vehicles and notified owners of a rule prohibiting the underground parking outlets’ use for EV charging,” the decision said, also noting the strata said EV charging had caused “multiple, persistent instances of circuit breaker trips.”
That rule came into effect in June of 2024, and the tribunal found it was valid. Lai’s request that the strata reconsider his request to charge his EV using the outlet near his parking spot was therefore dismissed.
“In the circumstances of this dispute, I find it appropriate to allow the strata time to resolve the EV charging issue for all current and future EV owners after due consideration of the (electric planning report) and in conjunction with all owners through a democratic process,” Cambrey’s decision concluded.
