Part 40 published on 01/11/12
Owner’s complaint about second-hand smoke had been settled and was therefore dismissed
The Owners (who had since sold and moved out) had complained that the strata corporation had discriminated against them in that the strata corporation had not taken sufficient measures, including enforcing or altering its by-laws, to prevent or ameliorate the effects of second-hand smoke (from their neighbour).
The Tribunal held that the complaint had been settled. Under the terms of the settlement, the corporation had agreed to take various steps, including:
- Having a licensed contractor inspect the unit seals, and remedy any deficiencies;
- Having a qualified HVAC contractor inspect the building’s air ventilation system and remedy any deficiencies.
The Tribunal said that the strata corporation had fulfilled its obligations under the settlement and the complaint was accordingly resolved.
The corporation had subsequently passed a “no smoking” by-law, but that by-law exempted or grandfathered those (including the neighbour) who registered as smokers. The Tribunal said the complainants could not raise fresh complaints about the adequacy of the corporation’s by-laws, because of the settlement.