Should an inflatable hot tub be considered patio furniture?
That was the question before Justice Michael Tammen, who last month upheld a Civil Resolution Tribunal (CRT) decision that allowed the owners of a rooftop condo in Vancouver to keep an inflatable hot tub on their balcony.
The dispute began in 2021, when the owners of a 26th floor unit requested permission to install the portable tub on their rooftop patio. When the strata council denied the request, the homeowners setup the tub anyways, leading to strata bylaw enforcement.
Armed with an engineering report asserting the patio could support the inflatable tub and a second report addressing flood risk in case of catastrophic failure, the condo owners took their case to the CRT.
In a 14-page decision, it was found by the tribunal that none of the strata bylaws had been violated, and the tub could be classified as “patio furniture.”
The CRT differentiated between traditional hot tubs, which are made of fiberglass and require a crane to place, and inflatable tubs, which can be moved easily and only require standard electrical outlets to operate. The ruling provides clarity on the interpretation of strata bylaws and the classification of items like hot tubs on strata properties.
“Overall, I accept that the applicants’ inflatable hot tub is readily moveable,” the tribunal stated in its decision. “I find it is a piece of furniture in which the applicants can sit to use and enjoy the patio.”
Read the full decision here.
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