The Jury's Out
Heavy smoking by two condo owners in Someplace, B.C. has compelled a strata council to take drastic measures. An owner with severe allergies had been told by his doctor he must live in a smoke-free environment and several other owners had been muttering about preferring to live in a smoke-free building. With health officials at all levels of government declaring second-hand smoke to be a major health hazard, the time seemed opportune for the strata council to try to make their building 100% smoke-free.
The strata corporation already had a limitation bylaw (no smoking on balconies and patios) but the council had had difficulty enforcing it. Various methods of preventing second-hand smoke from traveling throughout the building had also been tried but were ineffective. Clearly, a new strategy and perhaps a revised goal were needed.
With official approval from a sizeable majority of owners, the strata council applied to the Supreme Court of B.C. for an injunction to prohibit smoking in strata lots.
Soon rumors began circulating that the smokers might seek legal counsel, hoping that something in the Human Rights Code would enable them to continue their noxious habit.
Tension in the building became palpable and many worried that court costs might amass and spiral beyond their ability to pay.
……………………………………………………………………..
It’s now several months later and only the lawyers are smiling as they prepare their arguments.
No matter how this story turns out, it’s the writer’s opinion that the strata council made a serious and costly error in not consulting a condo specialist for information and advice before turning to the legal system. That would have avoided ridiculous legal costs and all the inconvenience created.
Lynne Taylor
www.stratacouncilpower.info
seminars and consultations
for strata councils & condo owners
a.lynne@shaw.ca 604-736-7174
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