Condo owners deserve a fair hearing before they can be fined by their strata council.
That's the message from a recent Civil Resolution Tribunal (CRT) decision ordering a Port Moody strata to pay back $1,000 in fines to one of its residents.
The owner of a condo at 301 Maude Rd. in Port Moody sought relief from $1,200 in fines for alleged smoking and noise complaints, as well as $500 for "pain and suffering."
According to the complainant, the fines amounted to "harassment" by the strata council.
The condo owner was sent three letters by the strata council from residents who said smoke seeped into their apartment to the point where their clothes, sheets and furniture smelled of stale cigarette smoke.
Smoking, noise a problem, strata said
The letters sent to the condo owner in January, February and March of 2022 laid out the complaints in detail, according to the CRT.
Each letter also levied a fine of $200 based on the strata's interpretation of condo bylaws.
According to the bylaws, owners are permitted to smoke or vape in their strata lot; however, they are not allowed to do so on common property and the smoke must not "interfere unreasonably with other owners, tenants or occupants."
In her submissions to the CRT, the condo owner admitted that she smokes in her strata lot, albeit only occasionally, and doesn't smoke on common property or on the balcony.
In its decision, the CRT examined both the property owner's testimony and that of the strata, and it acknowledged that the property owner did indeed break a strata bylaw because her cigarette smoking produced "smell that interfered with other owners, tenants or occupants in a substantial, non-trivial and unreasonable manner."
Hearings are required before levying fine
But because the strata only offered a hearing in one instance, two of the $200 fines had to be reimbursed.
The "strata has no leeway or discretion in following Section 135. If the strata does not follow the requirements, the bylaw fines are invalid," the CRT decision stated.
Meanwhile, three other $200 fines imposed on the property owner were also considered by the CRT.
The fines were for "for various incidents of alleged disruptive behaviour and excessive noise" and the instances were laid out in submissions to the tribunal, including "yelling in the hallway about neighbours and the strata council."
The CRT said the strata council provided sufficient details about the complaint in each case, but it failed to follow procedures in levying the the three fines totalling $600.
In each case, the CRT said, the fines had to be reimbursed to the property owner.
"I find the strata did not strictly comply with its obligations under SPA Section 135 and imposed the fines without proper notice of its decision to do so."
While the property owner got most of her money back — $1,000 — she was denied her claim for $500 for lack of evidence proving the fines amounted to harassment.
The strata was also denied its claim for $500 in legal fees for lack of evidence and must pay the property owner's $225 CRT fees because she was "substantially successful" in her claim, the Dec. 12, 2022, decision states.
Here's how a strata can ban smoking
Strata corporations (or sections) can create a bylaw, by a 3/4 vote of owners, or create a rule to limit or ban smoking.
- A non-smoking bylaw can ban smoking in the strata lot as well as on common property and limited common property.
- However, a rule can only limit or prohibit smoking on common property.
Even if a strata doesn’t have a bylaw that specifically addresses smoking, almost all stratas have bylaws ensuring owners, strata residents and visitors cannot cause a nuisance or hazard to another person or unreasonably interfere with the rights of other person.
If a strata corporation and its owners are considering adopting a bylaw to explicitly limit or ban smoking it is helpful to consult with a knowledgeable strata lawyer, according to BC government information regarding smoking in stratas.
What is the Civil Resolution Tribunal
The CRT is Canada’s first online tribunal and is part of B.C.'s public justice system. It offers an accessible, affordable way to resolve disputes without needing a lawyer or attending court.
CRT can deal with:
- Motor vehicle accidents
- Small claims up to $5,000
- Strata property disputes
- Societies and cooperatives
