REVscene - Vancouver Automotive Forum

r2edline · 09-14-2011, 05:12 PM

So I currently live in a condo that I've owned for a few years. When I purchased the condo, there were no strata bylaws regarding smoking on personal patios and public places. Recently, the strata passed a smoking ban bylaw for the entire building, including the personal patio attached to my unit.

Seeing as this was not in place when I purchased my unit, do I have any rights or courses of action against this bylaw? I don't live on the ground floor so it is extremely inconvenient for me to go off the property everytime I want to smoke.

Does anyone have any experience with this with other strata corporations or buildings?

Thanks for the help.
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Bonka · 09-14-2011, 06:04 PM

I would go over your bylaws to see if strata owners who moved in prior to the amendment would be grandfathered and exempt from the smoking ban.

Even with bans in place, many owners/tenants do break them and it would depend on whether your neighbours above or next to you would be bothered enough to complain to the strata and how proactive your strata is at dealing with this.

Best to bring this up to a council member or during the next meeting.

sebberry · 09-14-2011, 09:03 PM

If it was passed in accordance with the Strata Property Act and has been filed at the Land Title Office, then yes, that bylaw applies to you.

Always a good idea to go to your building's Annual General Meetings so you can take part in discussions and vote on motions that may have an impact on you.

jackal · 09-15-2011, 02:27 AM

Quote:

Originally Posted by sebberry

If it was passed in accordance with the Strata Property Act and has been filed at the Land Title Office, then yes, that bylaw applies to you.

Always a good idea to go to your building's Annual General Meetings so you can take part in discussions and vote on motions that may have an impact on you.

actually this is NOT true. he will be grandfathered in.

for example you have a pet. then the building bans pets 2 months later. you do not need to comply.

this only applies to owners.

i looked into this when i bought in a new building. at the time there were no bylaws except the basics. since then there have been a few relating to balconies and smoking and renting but non of it will ever apply to me. if i sell the unit then all the bylaws com into effect for the new owner.

rules like this help prevent discrimination. otherwise the strata could essentially kick out anyone it wanted by just introducing certain rules. got a young noisy neighbour? no one is allowed to live here thats under 25... shit like that would never fly.

taylor192 · 09-15-2011, 07:49 AM

Just ask your immediate neighbours, up and down too, if they care. If they do, ask if there's a way to find some common ground.

Everyone breaks the rules, you just gotta know if your neighbours will rat you out.

NNT · 09-15-2011, 08:05 AM

your personal patio is consider public common area (most of the case in Vancouver) that's why the square footage is not count when you selling/buying your place. I don't think the op can be grandfathered in because the by-law applies to common area.

sebberry · 09-15-2011, 09:22 AM

Quote:

Originally Posted by jackal

actually this is NOT true. he will be grandfathered in.

for example you have a pet. then the building bans pets 2 months later. you do not need to comply.

this only applies to owners.

i looked into this when i bought in a new building. at the time there were no bylaws except the basics. since then there have been a few relating to balconies and smoking and renting but non of it will ever apply to me. if i sell the unit then all the bylaws com into effect for the new owner.

rules like this help prevent discrimination. otherwise the strata could essentially kick out anyone it wanted by just introducing certain rules. got a young noisy neighbour? no one is allowed to live here thats under 25... shit like that would never fly.

The term "Grandfathering" doesn't appear in the Strata Property Act. The act does provide exemptions for pet and age restrictions, but only until you or a pet vacates the residence. (ie, if you have two dogs at the time a 1-dog bylaw is passed, you don't have to give up one of your dogs, but you can't get another if one dies).

And I'm sorry, but the rental bylaws do apply to you. If 10 rentals in your building are permitted and all 10 are rented when you apply to rent your suite, then you will be unable to rent your suite regardless of what the rule was when you moved in.

Maybe people who got their drivers licence 15 years ago should be grandfathered in and exempt from recent driving laws?

Soundy · 09-16-2011, 08:39 AM

Quote:

Originally Posted by sebberry

Always a good idea to go to your building's Annual General Meetings so you can take part in discussions and vote on motions that may have an impact on you.

This cannot be repeated enough. If you're an owner in a strata, you have a say in any bylaw changes... those changes are made once a year at your AGM, and that is your opportunity to voice your opinion and make your vote. Doesn't mean you'll get your way, but at least it gives you the chance to make your case.

If you don't exercise that right, then you have no room to complain.

Quote:

Originally Posted by jackal

i looked into this when i bought in a new building. at the time there were no bylaws except the basics. since then there have been a few relating to balconies and smoking and renting but non of it will ever apply to me. if i sell the unit then all the bylaws com into effect for the new owner.

rules like this help prevent discrimination. otherwise the strata could essentially kick out anyone it wanted by just introducing certain rules. got a young noisy neighbour? no one is allowed to live here thats under 25... shit like that would never fly.

Things like kids and pets, are not the same as "habits" like smoking.

BoostedBB6 · 09-16-2011, 08:45 AM

Not only does the bylaw apply to you but also the recent law passed on April 1'st that stated there is no smoking within 6 meters (if i remember correctly) of a workplace door, open window or bus shelter.

British Columbia Lung Association: Smoking & tobacco cessation

A bunch of legal mumbojumbo in that link regarding where you can and can not smoke these days......great nanny state we live in now :/