Lawyer says condo owners should be wary about strata councils

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      A lawyer says condo owners should be wary about strata councils. That is because “they’re coming for you next,” Paul Roxburgh told the Straight in a phone interview Tuesday (September 8).

      Roxburgh is the lawyer for Paul Aradi, a Langley condo owner who is fighting his strata council on different legal fronts.

      Aradi’s strata council filed a petition before the B.C. Supreme Court to stop the 70-year-old man from smoking inside his home. It also asked a provincial court to make him pay fines it had imposed for smoking infractions. For his part, Aradi filed a complaint before the B.C. Human Rights Tribunal asserting that he needs to smoke because of physical and mental disabilities.

      According to his lawyer, the battle is about balancing the rights of individuals to do certain things inside their home in a condo setting and the interests of the condo community.

      “What, for example, if a strata corporation decides…you were not allowed to cook with garlic or onions because the smell bothers other people?” Roxburgh asked. “There is no limit to the damage and mischief that this carte blanche approach to strata corporations’ power has.”

      Comments

      14 Comments

      Chris Ryan

      Sep 8, 2015 at 7:49pm

      Garlic and onions? I think that's ridiculous. Fear-mongering. The smoking—a difficult issue. I suppose some could be grandfathered in. My strata council is NOTHING like this.

      Uh

      Sep 8, 2015 at 8:54pm

      Pretty sure second hand smoke from garlic and onions has not been proven to cause cancer.

      What an idiots Laywer. Non smokers have the right to not inhale second hand smoke if they don't want to.

      TCG

      Sep 8, 2015 at 9:17pm

      Second hand smoke is not just a nuisance, it's poison. Exposure can cause cancer. People die from cancer. Onions and garlic? Yah, not so much. Why are smokers so stupid and selfish?

      Strata Councils Be Damned!

      Sep 8, 2015 at 10:11pm

      Who cares if the water bill is paid! Building insurance - bah!!! If I buy into a building it is my god-given, Kim Davis-right to do whatever the hell I please! No-smoking bylaw?! Screw you! I'll just sue. My health condition demands that I smoke non-stop! And while I can't count on my idiot strata council to do anything useful like clean my fridge or empty my ashtrays, I can at least count on the media to publish one-sided opinions from my lawyer! Thank Kim Davis for some small rays of nicotine-stained hope! (cough)

      Gif

      Sep 9, 2015 at 9:22am

      Car and truck exhaust is poison too. It also kills people. But it's harder to wag your finger at thousands of cars and black smoke-belching trucks, I guess.

      Sit in a sealed garage with a smoker or a sealed garage with a car for about an hour and see which you prefer.

      oh but it's sustainable ...

      Sep 9, 2015 at 9:38am

      Welcome to density. You're saving the planet though right?

      God help the grandchildren. Quiet sex only please..we're Progressives.

      The only people that you can change is yourself.

      Sep 9, 2015 at 9:44am

      I wonder if people are more angry at the clean air issue or their own lack of paying attention that the building they were buying or moving into was not a non smoking building. This has gone through court before and it's such a blurry expensive line to draw. Many laws pertaining converting a smoking building into a non smoking build are very vague. Between a grandfather clause to right. If the building was a smoking building when the old man moved in they will find it is very expensive to force them to stop smoking in the building you just have to convert it as people move out or die into a non smoking building. Until then I would suggest those with a firm aversion to smoking make sure they move into a building that is clearly a non smoking building.

      strata councils

      Sep 9, 2015 at 10:06am

      for those that have a good strata council, you are lucky. for those that don't (& I fear that may be the majority) it is hell. the lawyer is correct. you would never know by the face of it that every owner is entitled to one vote. i have personally seen the power struggles, the lack of business acumen, little or no knowledge of the strata act, bylaws and yes, complaints about people cooking with garlic, noise, smoking, you name it. owners ganging up on other owners, locks being changed without consent, fines levied for no real reason - would rather live under a bridge than buy into another strata. self-managed stratas seem to be the worst of all.

      TCG

      Sep 9, 2015 at 1:05pm

      Ok, what did I just say about smokers being stupid? Geez Gif thanks for stepping up. The analogy of car exhaust being poison too... Duh! And that is why we don't let people run their cars in their apartments. Old man with the physical and mental health problems that require he smoke (yeah right) can go do that on the street. The Strata is not staying he can't smoke, he just can't smoke in his apartment where it bothers his neighbours and exposes them to toxic second hand smoke.

      Bruce

      Sep 9, 2015 at 2:57pm

      There are lots of reasons to be wary of strata councils. This is not one of them.