A BC strata pursued legal action against one of the building’s homeowners for repeated bylaw infractions related to smoking.
According to a publicly posted BC Civil Resolution Tribunal dispute, several building residents have made complaints about the homeowner in question. The combined complaints and infractions total up to $14,400 in fines. The strata also asked for $20,000 in legal fees.
The homeowner denied liability and admitted to “a few” smoking infractions. She also called the strata’s claim for legal fees “absurd.”
According to the facts of the tribunal dispute, the BC strata can levy a maximum $200 fine against anyone who contravenes smoking bylaws.
On April 6, 2021, the strata manager sent the first of many letters to the homeowner about complaints from neighbours about smoke coming from her unit. The letter noted that a strata council member also smelled smoke while visiting the unit. The strata warned that she could be fined $200 per incident. Later that year, in August, the strata sent her another letter with a $200 fine. In September, the strata manager sent her yet another letter.
The homeowner sent her first reply in September of that year, denying that smoke came from her unit. Minutes from a strata meeting on September 14, 2021, show that the strata decided to hit the homeowner with 11 smoking bylaw fines, totalling $2,200.
Minutes from another strata meeting in May 2022 show that the strata decided to impose 47 fines, totalling $9,400. In July 2022, the strata notified the homeowner that the potential fines were now $12,600 for 63 incidents.
Eventually, the strata’s lawyer got involved and drafted an agreement to reduce the fines to $1,000, ensure no more smoke would come from her unit, and install a nicotine-detecting smoke detector. The homeowner proposed a revised agreement that would not include the nicotine-detecting smoke detector. Both sides failed to reach an agreement, leading to the strata again telling the homeowner it would fine her $12,600 for 63 incidents and that it would proceed to the tribunal.
After sifting through the evidence, the tribunal determined that more than 100 incidents of smoking occurred in the homeowner’s unit. However, the tribunal said the strata “poorly documented its decisions to impose the fines.”
The tribunal eventually dismissed all fines levied against the homeowner.
In its final decision, the tribunal ordered the homeowner to comply with the smoking bylaws, refrain from smoking, and ensure visitors do not smoke in prohibited areas. It also ordered the homeowner to allow the strata to install a nicotine-detecting smoke detector at a reasonable cost at the homeowner’s expense. The homeowner was also ordered to reimburse the strata for $122.50 in tribunal fees.