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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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I own a strata appartment in BC for past 12 years // recent

Customer Question

I own a strata appartment in BC for past 12 years // recent AGMeeting majority of owners passed a " no smoking rule" for whole building including inside the suites // is this legal ?? Am I no longer able to smoke within the walls of my own appartment ??
-- Strata Council is saying they will levey us smokers in the building a $200 fine for each smoking offence
-- please I need to know if they can inforce such a law and fine
thank you
Submitted: 3 months ago.
Category: Canada Law
Expert:  Legal Ease replied 3 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Legal Ease replied 3 months ago.

Was this passed by 2/3s of the members?

You said the majority of the members voted for this by-law change.

Customer: replied 3 months ago.
the vote to pass the no smoking was by more than 2/3s // i think it was about 12 to 3
Expert:  Legal Ease replied 3 months ago.

It actually had to pass by 3/4 s of the owners.

Unfortunately, where smoking is concerned there is no requirement that the strata provide a grandfathering clause the way there is for pet and age by-laws.

So there is no legal way to force them to grandfather you in unfortunately.

And the by-law changed was passed with the correct number of votes.

So they can enforce the new by-law and can fine you.

I am so sorry about that.

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Expert:  Legal Ease replied 3 months ago.

Is there anything more I can help you with at this point in time?

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