A Vernon woman who repeatedly smoked on the patio of her strata unit is on the hook for $10,000 after the strata took legal action against her for the second time.

A neighbour reported Sherri Casorso smoking on her patio more than 120 times, and the strata took action, fining her $200 for each breach of its bylaws.

“Ms. Casorso’s neighbour either observed Ms. Casorso smoking outside, smelled smoke while Ms. Casorso was smoking outside, or observed her smoking at the doorway of (her unit) such that the smoke would travel outside,” a May 29 BC Civil Resolution Tribunal decision said.

By August 2024, Casorso began leaving the complex to smoke, but by that time had racked up $17,400 in fines.

On top of the unpaid fines, Strata KAS 879 also wanted Casorso to cough up $6,850 to cover its legal fees for trying to enforce its no smoking bylaw.

The Bella-View strata took legal action at the BC Civil Resolution Tribunal, arguing Casorso owed it more than $24,000.

The decision said the strata had previously taken legal action and in 2020 the Tribunal had ordered Casorso to stop smoking on her patio.

However, Casorso kept on smoking.

She didn’t deny that she continued to smoke on her patio, but argued she was exempt from the new smoking bylaw and had a memo from the previous strata council president.

“In the memo, the president said that the strata intended to include an exemption from the new smoking bylaw for the five owners who currently vape or smoke, with the exemption being non-transferable to a new owner,” the decision reads.

However, when the new anti-smoking bylaw was passed, there was no mention of any exemptions.

The Tribunal ruled that since there were no exemptions written into the bylaw, Casorso’s continued smoking on her patio was a breach of the strata’s bylaw.

The Strata had issued $17,400 worth of fines and wanted its money.

However, the Tribunal found it hadn’t followed the correct procedures in issuing around $10,000 in fines, and only $7,200 were valid.

The Strata also presented a $29,000 lawyers’ bill and argued Casorso should pay $6,850 to cover its legal fees.

The Tribunal stopped short of ordering the full amount.

“Since I have found that $10,400 of the $17,600 fines are invalid. I reduce the strata’s entitlement to its bylaw enforcement expenses by 60% from $6,850.72 to $2,740,” the Tribunal ruled.

Casorso argued the Strata had treated her unfairly by issuing so many fines when she believed she was allowed to smoke. She argued the fines “amounted to harassment.”

However, the Tribunal didn’t agree.

She also argued someone had “tampered” with the vote at the annual general meeting, but didn’t provide evidence to support this.

Ultimately, the Tribunal ordered Casorso to pay $10,678, including interest and fees.