Interfering with the rights of a neighbour…
“My neighbour BBQ’s right beside my bedroom window which causes my entire suite to fill up with smoke when it is used.
I’ve tried speaking to them and I’ve asked if they would consider moving it.
The last time they sent me a text message advising they were going to BBQ, and tonight they are on the balcony using it again.
I’m not sure if I can ‘make’ them move it, but between my asthma and wearing contact lenses, it is getting unbearable.
Any guidance you can provide would be greatly appreciated.”
I’m sorry to hear about your difficulty and the lack of consideration by your neighbour.
If your friendly approach didn’t produce the results then the strata manager, &/or strata council, will need to get involved. Document the details of the events and provide the strata council with the information. You might also want to get a letter from your doctor to provide to council.
In BC the strata bylaws govern the use of the strata lots and common property. The balcony is generally considered limited common property. Strata rules may also be created to govern the use of common property.
You will need to identify which of the bylaws or rules for your strata corporation are being breached.
Here is the Strata Property Act Standard Bylaw 3 (I have underlined for emphasis below):
Use of property
3 (1) An owner, tenant, occupant or visitor must not use a strata lot, the common property or common assets in a way that
(a) causes a nuisance or hazard to another person,
(b) causes unreasonable noise,
(c) unreasonably interferes with the rights of other persons to use and enjoy the common property, common assets or another strata lot,
How to Enforce Bylaws and Rules explains the process.
You might also want to read, “What to know about Resolving Complaints“.
As annoying as it may be just remember to keep your cool.