Strata from a complex on 68th Avenue with 55 units took owner James Graham to the BC Court of Civil Settlement to quit smoking in his unit after there were complaints, according to a recently published decision.
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A Surrey condo owner who fought $800 in fines for smoking cigarettes and marijuana in his unit has to pay more than $13,000 to cover legal fees from the strata.
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Strata from a complex on 68th Avenue with 55 units took owner James Graham to the BC Court of Civil Settlement to quit smoking in his unit after there were complaints, according to a recently published decision.
A neighbor reported that there were 260 times, over a period of about a year and two months ending in late March 2022, when the odor and smoke of cigarette and marijuana wafted from the drain openings and outlets of their unit, which is next door to Graham’s condo.
His complaints stated that “there were days when the smell was so strong that he couldn’t work from his home office, shower in the upstairs bathroom, or cook breakfast in the kitchen.”
Council members confirmed “the strong smell of marijuana coming from the electrical outlets” on two occasions in 2021 and that it came from Graham’s unit and not from the unit across.
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Graham denied having smoked in his condominium and replied that the strata did not prove that he was doing so.
But Strata noted that in several emails in early 2021, Graham provided a doctor’s note saying he needed to smoke marijuana for medical reasons to treat depression, anxiety, gastrointestinal disorders and pain. Later, when the Strata asked Graham to seal his unit and make it airtight, he replied that he would not do any repairs and that he would only smoke outside the property.
Based on these emails, the court found that Graham admitted to smoking in his unit.
He disagreed with Graham’s claim that Strata failed to conduct “reasonable investigations” before issuing four tickets, totaling $800, in mid-to-late 2021.
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He said the layers gave Graham a chance to be heard and address the allegations against him.
A new strata statute at the Surrey complex that was put in place in September 2021 prohibits smoking or vaping of tobacco, marijuana or any similar organic substance on any common or limited indoor or outdoor common property as well as in the units. There is an exception for anyone with a valid marijuana license or a doctor’s note confirming the need to use marijuana at home for medical reasons, but it stipulates that anyone under this assignment must not allow smoke to escape in a way that can be smelled by another person. resident.
It was established as more strata corporations in BC implemented smoke-free statutes, but also struggled to juggle the concerns of non-smokers with the personal freedoms of other residents.
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In January 2021, a Richmond condo owner earned $500 in damages from the strata after complaining to the CRT about his neighbor’s secondhand smoke and aromatherapy odors.
In March 2021, a frustrated Burnaby condo dweller sued Strata and a neighbor alleging secondhand smoke was causing him health problems. In that case, Estratos spent more than $20,000 in legal fees, which they did not recover. The court did not rule on the origin of the smoke, but awarded the owner $400 in damages because the strata failed to investigate.
Graham did not claim to have a valid medical marijuana license or need to use marijuana for medical reasons, according to the court.
The strata relied on an ordinance to claim their court costs in the amount of $13,948.74.
He said “legal counsel’s involvement was necessary because of (Graham’s) continued disregard for strata enforcement measures and repeated statutory violations.”
In the end, the decision ordered Graham to pay the estratos $13,336.83, which includes $800 in unpaid fines, legal expenses before and during the court process, interest, and CRT fees.
