B.C. homeowner wins battle against strata's hot tub ban
A B.C. homeowner has won a battle against his strata's hot tub ban – but he might not win the war.
The dispute over Doug Fleming's portable hot tub started two years ago, and came to a head this week at the province's small claims tribunal.
The Civil Resolution Tribunal's decision, published Monday, means Fleming can fill his boots – or, more literally, his detached hot tub – without fear of retribution from his strata corporation, at least for the time being.
The tribunal heard Fleming's strata manager first approached him about his hot tub in May 2020, and asked him to seek council's approval before continuing to use the leisure product on his limited common property patio.
"Mr. Fleming did not seek approval," tribunal member Micah Carmody wrote in the decision.
Later that year, council decided to move ahead with a new rule barring the use of any hot tub or Jacuzzi, either portable or attached, on common property or limited common property within the strata.
Fleming received a written notice in October 2021 that he was violating the hot tub ban, and another in March 2022 giving him three days' warning to remove the tub or face a fine of up to $50 per week.
Carmody noted that stratas are well within their right to govern the "use, safety and condition" of limited common property – but ultimately found the council had committed a bureaucratic blunder that rendered its own rule unenforceable.
Under B.C.'s Strata Property Act, new rules take effect immediately, but must be ratified with a resolution, passed with a majority vote, at the next Annual General Meeting in order to remain in effect permanently.
Fleming argued the AGM vote held in November 2020 was invalid – in part because strata members were not given the option of voting by proxy using a person of their choosing, as required by SPA Section 56 – and Carmody agreed. The tribunal member ordered the strata to stop enforcing its rule prohibiting hot tubs immediately.
Still, Fleming might not have long to bask in the warm waters of victory.
"Nothing in this decision prevents the strata council from making a new rule prohibiting hot tubs," Carmody noted.
B.C.'s Civil Resolution Tribunal is a part of the province's justice system that was designed to handle some civil law disputes without the need for lawyers or court hearings.
Members make decisions based on "a balance of probabilities," meaning they must find a claim more likely than not to be true.
CTVNews.ca Top Stories
Spectacular aurora light show to be seen across Canada Friday night
A rare and severe solar storm is expected to bring spectacular displays of the northern lights, also known as aurora borealis, across much of Canada and parts of the United States on Friday night.
Town of Fort Nelson, B.C., ordered to evacuate due to wildfire
The entire town of Fort Nelson, B.C., as well as the nearby Fort Nelson First Nation, has been ordered to evacuate due to an out-of-control wildfire.
Bouchard lifts Edmonton Oilers to 4-3 overtime win over Canucks in Game 2
Evan Bouchard scored 5:38 into overtime and the Edmonton Oilers bounced back for a 4-3 win over the Vancouver Canucks in the second round of the Stanley Cup playoffs on Friday.
McGill University seeks emergency injunction to dismantle pro-Palestinian encampment
McGill University has filed a request for an injunction to have the pro-Palestinian encampment removed from its campus.
Which Canadian cities have the highest and lowest grocery prices?
Where you live plays a big factor in what you pay at the grocery store. And while it's no secret the same item may have a different price depending on the store, city or province, we wanted to see just how big the differences are, and why.
Swarm of 20,000 bees gather around woman’s car west of Toronto
A swarm of roughly 20,000 bees gathered around a woman’s car in the parking lot of Burlington Centre.
Video shows naked raccoon catching B.C. family by surprise
When Marvin Henschel spotted a strange and hairless creature wandering through a front lawn in B.C.'s Lower Mainland, he could barely believe his eyes.
Barron Trump declines to serve as an RNC delegate
Former U.S. President Donald Trump's youngest son, Barron Trump, has declined to serve as a delegate at this summer’s Republican National Convention, according to a senior Trump campaign adviser and a statement from Melania Trump's office.
Out-of-control wildfire prompts evacuation alert for Fort McMurray, Saprae Creek Estates Friday night
An evacuation alert was issued for two Wood Buffalo communities Friday night, as crews battled an out-of-control wildfire near Fort McMurray.