A Strata Must Investigate Bylaw Complaints or Could pay Damages to Owners
Once a strata receives a bylaw complaint, the strata has a mandatory obligation to investigate the complaint. Failure to comply with that obligation can result in unfairness to the complaining owner and damages paid by the strata to that owner. In the case of Cheslock v The Owners, Strata Plan NW 3158, 2021 BCCRT 712 , the owners say the strata failed to enforce is no-smoking and nuisance bylaws, despite numerous complaints. They say smoke from cigarettes and marijuana, and odours from plug-in air fresheners or essential oil devices, entered their strata lot from unit 101. They say these odours were a nuisance and impacted their health, and they were not able to eliminate them. The owners also sued the downstairs neighbour. The CRT dismissed all claims against the downstairs neighbour but found that the strata discriminated against the owner contrary to the BC Human Rights Code by not sufficiently investigating or addressing the owner's smoke and odour complaints....
