B.C. man allowed to keep Inflatable hot tub on patio, tribunal rules
A B.C. man is allowed to keep an "inflatable spa" on his patio after a provincial tribunal found his strata had no authority to order him to remove it.
A ruling in favour of condo-owner Alejandro Jose Noriega was posted online by B.C.'s Civil Resolution Tribunal Friday. It found the spa, which the strata characterized as a "hot tub," was not prohibited by the bylaws.
"The spa is patio furniture, I find the bylaws expressly permit Mr. Noriega to have it on the patio," the ruling reads.
"In the absence of a bylaw contravention, I find the strata has no authority to require Mr. Noriega to remove the spa."
The dispute began in November of 2021, roughly a month after Noriega set up the spa on his balcony. Following a complaint about the installation and use of a hot tub, the strata sent Noriega a letter advising him there had been a complaint about a hot tub, and that he was breaching two bylaws, one of which deals specifically with what is permitted on patios.
Noriega countered by saying he would not remove the inflatable spa because it was "patio furniture." The strata countered by saying "council had agreed the spa was not a permitted patio item" and that a $200 fine would be imposed for every week it remained.
He was fined a total of $600 before removing the spa. Noriega's claim sought the reversal of these fines as well as an order allowing him to keep the spa.
IS IT PATIO FURNITURE?
In her decision, tribunal member Megan Stewart noted that the strata's bylaws did not explicitly prohibit particular items on patios or balconies. Instead, it listed items which are allowed – including "patio-style furniture."
The question of what constitutes furniture was therefore central to her decision. While the strata argued its size, use of water, and immovability meant it was a permanent alteration to the common property, Stewart was not persuaded.
"The spa is free-standing, takes a relatively short time to drain, deflate and pack away, and appears able to be carried by one or two people," wrote Stewart.
"I also find the spa is something Mr. Noriega can sit in to use and enjoy the patio. So, I find it is reasonably moveable and properly considered patio furniture."
The strata was ordered to cancel all the fines issued to Noriega.
Because Stewart found the spa was allowed under the bylaws, she declined to issue an order saying Noriega was allowed to keep it, saying such an order would be unnecessary.
However, the decision also points to the possibility that the victory – and the spa's tenure on the patio – may only be temporary.
"Nothing in this decision prevents the strata from amending its bylaws to specifically prohibit inflatable or permanent spas," Stewart wrote.
CTVNews.ca Top Stories
Young people 'tortured' if stolen vehicle operations fail, Montreal police tell MPs
One day after a Montreal police officer fired gunshots at a suspect in a stolen vehicle, senior officers were telling parliamentarians that organized crime groups are recruiting people as young as 15 in the city to steal cars so that they can be shipped overseas.
'It was joy': Trapped B.C. orca calf eats seal meat, putting rescue on hold
A rescue operation for an orca calf trapped in a remote tidal lagoon off Vancouver Island has been put on hold after it started eating seal meat thrown in the water for what is believed to be the first time.
Man sets self on fire outside New York court where Trump trial underway
A man set himself on fire on Friday outside the New York courthouse where Donald Trump's historic hush-money trial was taking place as jury selection wrapped up, but officials said he did not appear to have been targeting Trump.
Sask. father found guilty of withholding daughter to prevent her from getting COVID-19 vaccine
Michael Gordon Jackson, a Saskatchewan man accused of abducting his daughter to prevent her from getting a COVID-19 vaccine, has been found guilty for contravention of a custody order.
Mandisa, Grammy award-winning 'American Idol' alum, dead at 47
Soulful gospel artist Mandisa, a Grammy-winning singer who got her start as a contestant on 'American Idol' in 2006, has died, according to a statement on her verified social media. She was 47.
She set out to find a husband in a year. Then she matched with a guy on a dating app on the other side of the world
Scottish comedian Samantha Hannah was working on a comedy show about finding a husband when Toby Hunter came into her life. What happened next surprised them both.
B.C. judge orders shared dog custody for exes who both 'clearly love Stella'
In a first-of-its-kind ruling, a B.C. judge has awarded a former couple joint custody of their dog.
Saskatoon police to search landfill for remains of woman missing since 2020
Saskatoon police say they will begin searching the city’s landfill for the remains of Mackenzie Lee Trottier, who has been missing for more than three years.
Shivering for health: The myths and truths of ice baths explained
In a climate of social media-endorsed wellness rituals, plunging into cold water has promised to aid muscle recovery, enhance mental health and support immune system function. But the evidence of such benefits sits on thin ice, according to researchers.