Co-op Cannot Charge for Reasonable Wear and Tear - Share Refund Granted
📌 In brief
The Civil Resolution Tribunal ruled that a cooperative association cannot charge a member for repairs that fall within reasonable wear and tear. The claimant was granted a share refund minus a valid utility charge.
⚖️ Legal holding
A cooperative association cannot charge a member for repairs that fall within reasonable wear and tear.
📚 Full judgment
The summary, holding and questions above are VadeLab’s own material. The official decision itself is published by the court, and we do not reproduce it on this page.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The scratches and gouges on the living room floor were considered reasonable wear and tear.
- The cooperative did not follow its own policies regarding move-out inspections and providing members with repair lists.
- The utility charge for the gas bill was deemed valid as the applicant canceled his account a month early.
❌ Tends to be rejected
- The cooperative attempted to charge for the replacement of the living room floor, which was rejected as unreasonable wear and tear.
- The cooperative did not provide the applicant with a proper list of repairs required before the move-out inspection.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What was the dispute about?
The claimant argued that he was entitled to a full share refund, while the cooperative association claimed he owed money for damages and utilities.
Which laws or rules were applied?
Cooperative Association Act, s. 13 Cooperative Association Act, s. 18
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure that any damage to their living space falls within the reasonable wear and tear exception to avoid being charged for repairs.
What evidence or documents mattered?
The evidence that mattered included inspection reports, witness statements, and photographs of the living room floor.