Court orders Aquarius Mews resident to stop holding late parties on his balcony

The B.C. Supreme Court has ordered Newell and other unnamed persons not to use any entertainment systems on a deck and a balcony of the Aquarius Mews, a condominium complex in Yaletown, between 11 p.m. and 8 a.m.

Newell and friends were also directed not to use during these same hours the hot tub in these areas that form part of the condo’s common property. It was Newell who installed an entertainment system, a large barbecue grill, and hot tub.

As owner of a penthouse unit, Newell has exclusive use of a portion of the common property, which consists of a large roof deck above his unit and a balcony adjacent to his suite.

The strata corporation claimed that since he moved into his unit in June 2010, there had been several noisy gatherings there as well as on the deck and balcony. It cited complaints by neighbours about loud music and parties.

Newell countered that the gatherings at his place were only occasional events. He also told the court that his hot tub doesn’t contravene the strata’s bylaws.

In her decision, court justice Elaine Adair noted that Newell believes his neighbours are “killjoys and do not belong in Yaletown”.

“But Yaletown living does not give Mr. Newell an excuse for ignoring the Bylaws of his strata corporation,” Adair wrote.