Vancouver Tenant seeks injunction to stop neighbour smoking: The Plight of BC's Ongoing Shoddy Building Practices!

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Barry Artiste Op/Ed

A recent story this week whereby a tenant in an apartment complex complained of health problems from cigarette smoke coming from an adjoining suite by another tenant.

The affected tenant complains cigarette smoke was coming from electrical outlets, under the shared wall between the two suites etc.

If in fact this is found to be true, then someone has some "splain'in to do Lucy!", I would be ripping a new arse hole out of the city building inspectors for compensation to fix my suite.

Then I would be filing a lawsuit against the architect, developer to fix my suite in an all too common practice of screw the homeowner for the almighty buck. 

Directing a lawsuit to a adjoining tenant is misplaced, as well designed suite, should never cross contaminate an adjoining suite with any odour. Including under the door of a shared hallway!

Brings to mind my previous stories on Now Public when I stated "Strongly" the shoddy Building practices in this province with Municipal Building Inspectors looking the other way obviously.

Vancouver has one of the highest prices in the country for living space, where a 500 square foot apartment in Vancouver can set you back close to a half million dollars.

Certainly at that price you would think you would get a well built suite, but don't and most likely never will. 

Next time you are driving around a neighborhood, take a good hard look at the tradesmen!  You will notice most of them with Chainsaws! Chainsaws used to build homes, sometimes in a scant three or four weeks.  Wow, how accurate is that?

Then, do you notice all that lumber stacked outside the home? Is that lumber raised off the ground and covered to keep from getting wet? Of course Not, paying 15 dollars for a common tarp to keep that lumber from getting wet and going right into your home would be common sense.

No wonder the friggin homes leak like a Sieve or are full of mold!

Chainsaws are for cutting trees, wet lumber inside your walls, is not what one would think of when Developers state We build quality 1 million dollar 800 -1,100 square foot Homes at breakneck speed.

Like I always say, you get what you pay for!

For the last 40 years US/Canadian Building Codes state "Adjoining Suites with shared walls "MUST" have a "90 minute" Fire Barrier between shared wall, no ifs, ands, or buts!

A fire barrier is a wall sealed from the floor to ceiling as well as shared piping and electrical outlets.

If this guy can smell cigarette smoke in his suite, that is the least of his worries, cause obviously the building is substandard and the Municipal Building Inspectors we pay taxes for are either incompetent, or crooked in bed with developers. You decide! 

In a Mindless BC Culture, where else but in British Columbia, can a Developer Slap up a Building at Light Speed with throngs of eager Buyers lining around the Block? 

During the Boom Times in the 80's and early 90's Money was flush in this province and anyone with a hammer and a chainsaw  was out here building homes for buyers, many of these trades, developers had no knowledge or didn't bother to learn about West Coast Wet Climates, or Seismic building codes in case of Earthquakes! 

Ever notice a lot of homes in this province all look the same, same design, same construction, almost looking cookie cutter?

It is said among Construction trade circles in British Columbia that is because they are all from the same blueprint, some architect drew up.  Blueprints drawn by architects are single use only and are not to be used to build another home,  Architects normally charge upwards of 20 thousand dollars to design a home.

  Builders on the other hand see fit not to pay 10-20 thousand dollars for  a blueprint for every home they build.  Hence who some call these homes  "Pink Palaces", why because most likely the homes were designed by some poor shmuck of an Architect in Asia, who is not getting paid royalties on his designs and construction companies and builders who know that lawsuits for using one time blueprints over and over again is against the law in most countries.

But since this architect is back in Asia, good luck trying to launch a copyright lawsuit in British Columbia against Builders using his designs.

Just because a Pink Palace works nicely in Asia, doesn't mean it will work in British Columbia, especially with our wet weather.  And a Province will have a hard time launching a lawsuit against a Architect in Asia anyways, especially of that Architect had no knowledge his designs are being copied in British Columbia!

With many buildings with claims of building envelope problems, water ingress, mold and falling balconies the Provincial government sits on their Moist asses for the last 25 years and does nothing, but whine to the Federal Government for Financial Relief from Canadian Taxpayers, tired of paying for Provincial Incompetence at all levels.

Why one would think the Province would go after the Developers? What a silly concept when your best pals have skipped town or the country!  Now who is being silly?

Many do not realise, that before the Provincial Home Warranty Act, there were and some say still are many developers, especially small construction firms in order to get out of warranty issues with newly constructed buildings, form a numbered company, and once the building is completed and sold, immediately fold their company, and start a new company under a new Corporate Number.

Nice Scam eh?  Guess what, you have no warranty! You are SOL, unless your home is recent and covered under the Governments Homeownership Protection Act. Even then Good luck!

Many Condo's up for sale in this province are Stratas, whereby everyone pays a couple of hundred dollars a month for common services, grass cutting, cleaning and building repairs.

Because of shoddy building construction, many are faced with a bill of a few thousand dollars, say for roof repair, with many going to the bank to take out a loan, or as many condo owners do, is sell their condo to an unsuspecting buyer, who when taking possession, gets an immediate bill, some amounting to 40 thousand dollars to pay for the building repairs, they knew nothing about from the previous owner, for obvious reasons. 

Would I buy a Condo in this city? Certainly not a Condo over 5 years old I wouldn't, and make damn sure I sell it before the warranty is over. Gee, this is just like used cars with over 100, 000 miles on the odometer.

Condo's, "a Money Pit that never stops taking in most cases in this province."

And all under the Blind eyes of Municipalities and Provincial Government Watchdogs, or I should say Guide Dogs.   

Anyone who thinks your government at any level is looking out for your interests, certainly needs a well place Slap Upside the Head!

Bottom line; "If cigarette smoke can get through, so can Fire, in my opinion the Building is a Fire Trap waiting to happen!"

I hope this Op/Ed piece has informed and educated many when knowing what to look for in buying a home, best advice, buy a home from the 1930's to the 1970s or earlier, cause those homes were built n an age  when tradesmen took Pride in their Craftsmenship! 

But then this story is just my Opinion, it's up to you to decide how to part with your money!

http://www.canada.com/theprovince/news/story.html?id=43e1b9d8-e0c4-4f2c-9181-521f467f681f

Tenant seeks injunction to stop neighbour smoking Retired actor with bronchial woes says smoke seeps into suite

Keith Fraser, The Province Published: Friday, October 31, 2008

A retired Vancouver actor wants a court injunction to prevent his next- door neighbour from smoking in their West End apartment building.

In a statement of claim filed in B.C. Supreme Court, Mina Erian Mina, 74, says that since October 2006 his neighbour, Christine Jestadt, has "created a nuisance" with her smoking.

Mina says the smoke has come through electrical wall sockets, windows and other access points in his suite in the Performing Arts Lodge (PAL) building on Cardero Street.

He claims he's suffered various health problems, including respiratory injuries, bronchospasm, reduced chest expansion, chest tightness, aggravation of coronary artery disease, loss of sleep, fatigue and anxiety.