Kelowna man loses claim to $14K through short-term rental
She pointed out that Mudrie’s expectation was not objectively reasonable, regardless of the bylaw expressly prohibiting short-term accommodation in the strata. There is also no bylaw specifically permitting them.“I find that just because the bylaws are silent on regulating short term, does not mean the strata is obligated to approve and facilitate them,” Gardner wrote.
Murdie argued that it should have been allowed due to his low-income pension earnings and medical issues making it difficult for him to afford his mortgage without short-term rental income. “I find Mr. Mudrie is saying these factors make the strata’s decision to not sign the consent form particularly burdensome for him. However, Mr. Mudrie did not provide any financial or medical evidence and there is no evidence he advised the strata of these issues,” Gardner said.“Further, the land title documents show Mr. Mudrie purchased his strata lot in 2013, and he provided no evidence his personal circumstances changed in the last two years.
“Rather, I find the strata exercised its discretion reasonably and decided to seek the owners’ approval to allow short-term accommodation in the strata before facilitating Mr. Mudrie’s business license by signing the consent form. “Given this conclusion, I do not have to consider Mr. Mudrie’s damages claim. I also decline to order the to strata sign the consent form. I dismiss Mr. Mudrie’s claim.”
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