Can nuisance be a violation of a strata’s bylaw?
British Columbia, Canada
The following excerpt is from Rodgers v. The Owners, Strata Plan VR 1322, 2020 BCCRT 368 (CanLII):
61. In the strata context, nuisance is defined as an unreasonable, continuing or repeated interference with a person’s enjoyment and use of their strata lot (see The Owners, Strata Plan LMS 3539 v. Ng, 2016 BCSC 2462). The strata’s bylaw 3 prohibits an owner, tenant, occupant or visitor from using a strata lot in a way that causes a nuisance. Bylaw 3 does not apply to nuisance caused by the strata. However, nuisance caused by the strata’s common assets is prohibited under the common law (see for example, Chen v. The Owners, Strata Plan NW 2265, 2017 BCCRT 113, which is persuasive though not binding).
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