Alejandro Jose Noriega took his case to the Civil Sanitation Court after his strata board fined him hundreds of dollars and ordered the hot tub removed. In its ruling, the court ruled that the strata did not have the authority to take away Noriega’s hot tub or fine him. Noriega first installed the inflatable hot tub on his patio in October 2021. According to the court order, the strata board contacted Noriega on November 19, 2021, to inform him that it had received a complaint about the hot tub and his he gave 30 days to remove it or he would be fined $200 for each week it remained. The strata board claimed the hot tub violated two of its bylaws that prevent alterations to common areas and that limit items that can be kept in yards. In her ruling, court member Megan Stewart found that Noriega did not alter the common property patio outside his apartment by installing a freestanding hot tub. Stewart also found no statute prohibiting the use of hot tubs on patios. Its ruling was based on its interpretation of “patio-style furniture,” which is allowed on patios. Stewart relied on the Merriam-Webster.com dictionary definition of furniture, which said it “includes equipment that is necessary, useful, or desirable, such as movable objects used to prepare a space, such as a room or patio, for use the use. .” “I’m more convinced by the evidence that the spa is freestanding, takes a relatively short time to drain, deflate and pack, and appears to be portable by 1 or 2 people,” Stewart said. “Also, I consider the spa to be something Mr. Noriega can sit in to use and enjoy on the patio. So I consider it quite portable and considered proper patio furniture.” The strata board has been ordered to cancel the outstanding $600 in fines against Noriega and refund him $225 in court fees. However, Stewart noted that nothing in the decision would prevent mattresses from changing their bylaws to specifically ban inflatable or permanent hot tubs.
