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
BREAKING Israel attacks Iran, Reuters sources say; drones reported over Isfahan
Israel has attacked Iran, three people familiar with the matter told Reuters, as Iranian state media reported early on Friday that its forces had destroyed drones, days after Iran launched a retaliatory drone strike on Israel.
American millionaire Jonathan Lehrer denied bail after being charged with killing Canadian couple
American millionaire Jonathan Lehrer, one of two men charged in the killings of a Canadian couple in Dominica, has been denied bail.
Nearly half of China's major cities are sinking, researchers say
Nearly half of China's major cities are suffering 'moderate to severe' levels of subsidence, putting millions at risk of flooding especially as sea levels rise.
Prince Harry formally confirms he is now a U.S. resident
Prince Harry, the son of King Charles III and fifth in line to the British throne, has formally confirmed he is now a U.S. resident.
Judge says 'no evidence fully supports' murder case against Umar Zameer as jury starts deliberations
The judge presiding over the trial of a man accused of fatally running over a Toronto police officer is telling jurors the possible verdicts they may reach based on the evidence in the case.
Health Canada to change sperm donor screening rules for men who have sex with men
Health Canada will change its longstanding policy restricting gay and bisexual men from donating to sperm banks in Canada, CTV News has learned. The federal health agency has adopted a revised directive removing the ban on gay, bisexual and other men who have sex with men, effective May 8.
Colin Jost names one celebrity who is great at hosting 'Saturday Night Live'
Colin Jost, who co-anchors Saturday Night Live's 'Weekend Update,' revealed who he thinks is one of the best hosts on the show.
Sports columnist apologizes for 'oafish' comments directed at Caitlin Clark. The controversy isn't over
A male columnist has apologized for a cringeworthy moment during former University of Iowa superstar and college basketball's highest scorer Caitlin Clark's first news conference as an Indiana Fever player.
'Shopaholic' author Sophie Kinsella reveals brain cancer diagnosis
Sophie Kinsella, the best-selling author behind the 'Shopaholic' book series, has revealed that she is receiving treatment for brain cancer.