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.
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