B.C.’s Civil Resolution Tribunal has told a Vancouver strata owner who paid fines just to be able to keeping smoking to butt out.
The strata corporation, comprising six townhouse units, said under its bylaws, Leslie Grauer is not entitled to smoke in her unit, and that it has repeatedly fined Grauer under its smoking and nuisance bylaws.
According to the tribunal decision, Grauer pays the fines and continues to light up. In response, the strata sought an order that Grauer follow the bylaws.
The strata’s 2002 bylaws did not include a non-smoking bylaw; one was added in 2018 with $200 fines for breaches.
In 2020, the strata designated itself a non-smoking strata corporation. Smoking and vaping became prohibited everywhere, including inside suites.
The strata corporation said it has received multiple complaints about Grauer smoking and has issued 16 contravention letters.
Grauer has not denied smoking and continues to do so.
“The strata has already tried to enforce its non-smoking bylaw by fining Ms. Grauer repeatedly and without success,” tribunal member Leah Volkers said in the March 22 decision. “Given this, I find it is appropriate to order (Ms.) Grauer to . . . immediately stop smoking in her strata lot.”