Smoking Bylaw In Strata Developments

The B.C. Supreme Court recently issued a ruling in a strata property case involving second-hand smoke. Andrushko v The Owners Strata Plan KAS 1041 McIntosh Grove, 2015 BCSC 2445 will be of interest to strata councils and their advisors, who are increasingly being called upon to manage smoking-related disputes.

The case involved a strata complex located in Salmon Arm. Each strata lot had a balcony designated as limited common property to be used exclusively by the owner or resident. The petitioner lived on the second floor of one of the buildings and had repeatedly complained to the strata council about second-hand smoke from his upstairs neighbor smoking on her balcony. The petitioner was vocal and wasn't alone in his concerns about second-hand smoke. Over the course of two years, the issue of smoking on balconies became an increasingly divisive issue among the owners.