Maple Ridge man can keep hot tub on strata patio, tribunal says
Posted November 13, 2022 12:33 pm.
Last Updated November 13, 2022 12:50 pm.
A Maple Ridge man has won the right to keep an inflatable hot tub on the patio of his strata property, according to a Civil Resolution Tribunal decision.
According to a tribunal decision released on Nov. 10, the Maple Ridge strata accused Alejandro Jose Noriega of violating the building’s rules by setting up an inflatable hot tub on his patio in November of 2021.
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The strata accused Noriega of breaking two bylaws in relation to common areas, resulting in fines adding up to $600.
The first bylaw violation, the strata argued, was that Noriega did not request permission to erect the hot tub and that alterations to the patio would be needed.
The other bylaw violation saw the strata argue that a hot tub wasn’t included on a list of approved furniture that could be put on a patio.
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The tribunal found Noriega didn’t break the rules regarding patio alterations as the hot tub is “free-standing,” easy to drain, and didn’t require any electrical or gas sources.
As for whether or not the hot tub was considered “patio furniture,” the tribunal deemed it “reasonably moveable” when empty, fitting a definition of patio furniture outlined in previous court cases.
“In the absence of a bylaw contravention, I find the strata has no authority to require Mr. Noriega to remove the spa,” said tribunal member Megan Stewart in her decision.
As a result, the CRT has ordered the strata to pay $225 for Noriega’s court fees and to cancel any fines in relation to the dispute.
