A BC homeowner got into a dispute with her strata because it refused to allow her to have an inflatable hot tub on her deck.
In a decision posted online, Margaret Cupples told the BC Civil Resolution Tribunal that she borrowed the hot tub in June of 2020 to help her recover from a car accident in which she sustained severe injuries.
In November 2020, ICBC bought her a soft tub spa to help her recovery process. She also purchased a pop-up tent to cover the tub.
Cupples told the tribunal that sometime between June and August 2022, the strata told her to remove the spa and tent because they breached the strata’s bylaws.
She had a hearing with the strata council in September 2022, during which the strata requested that the tent be removed immediately, adding that she could keep the spa until March 31, 2023. Contrary to the strata’s views, the tribunal had an immediate request of its own.
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Cupples felt that the tent and spa did not breach any bylaws, asking the tribunal for orders for the strata to allow them to remain on the deck as long as she was an owner. In response, the strata asked the tribunal to dismiss Cupples’ claims.
At one point in 2022, Cupples offered a doctor’s note to the strata to prove that she needed it for her health.
The tribunal noted that the issue evolved, focusing instead on how long she actually needed the hot tub for her health. In response, Cupples said she wasn’t able to provide an end date because she didn’t know how long she needed it for her recovery.
Cupples said that the spa and tent were removed from her deck on May 31, but in an email sent on November 25, 2023, the strata manager told Cupples that she would be allowed to use the spa and tent without fines as long as she could negotiate an end date for her rehab.
After reviewing relevant cases, the tribunal determined that the spa did not alter common property. It also examined the bylaw regarding summer furniture and accessories, which it determined was not breached by Cupples.
The strata was ordered to “immediately allow” Cupples to place her inflatable spa and tent on her deck as long as bylaws permitted her to do so, and the strata also had to pay Cupples’ tribunal fees of $225.
Believe it or not, this isn’t the first time a homeowner has fought with their strata about a hot tub.
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