Renter narrowly avoids thousands in B.C. strata fines for 'inescapable' jazz practices in unit
A B.C. renter was hit with thousands in strata bylaw penalties for noise complaints and parking violations, but got them reversed after taking legal action to fight the fines.
A BC Civil Resolution Tribunal dispute outlines the facts of what happened.
The applicant, HK, was renting a unit (302) in a strata building. During his tenancy, he was hit with $3,600 in fines for contravening parking bylaws and $1,000 for unreasonable noise.
HK claimed that the B.C. strata acted in bad faith and issued the fines contrary to the requirements set out in the Strata Property Act. He asked the tribunal to remove the fines and an order preventing the strata from further fines.
In defence of its fines, the B.C. strata said the fines were validly issued against the renter, and it also claimed an additional $15,000 for “excessive mental stress” caused by HK’s refusal to obey bylaws.
Interestingly, the tribunal sided with the strata in principle against HK’s actions, but due to the way the strata levied the bylaws, it ended up ruling in favour of HK.
HK and his roommate began renting unit 302 in 2019. HK moved out sometime in September 2024.
During HK’s tenancy, he was fined $3,600 for using his parking stall as a storage space. The strata provided photos showing the parking stall filled with various items, like boxes, exercise equipment, a water jug, and recycling and garbage. HK did not deny he used the stall for storage, but argued that the strata “selectively and arbitrarily enforced its bylaws.”
The tribunal deemed that the strata had legitimate complaints. HK said others also used their parking stalls the same way, but the tribunal determined that the strata also sent notices to other owners and tenants for the same reasons.
The tribunal also found that HK and his roommates’ dance classes and jazz band practices “constituted a nuisance to their neighbours.”
Various videos of the noise were provided by the strata, including sounds of a jazz band and dancing. There were pictures of people carrying large instruments into the building.
“Noise logs in evidence show that the tenants used unit 302 for this purpose regularly, on Monday and Thursday evenings,” the tribunal decision stated.
HK argued that it was a “reasonable use” of the unit and that the sessions always ended by 10 p.m. HK said he only invited dancers “who know how to tread lightly” as opposed to beginners who are more prone to “stomping.”
“I find the evidence shows that his guests’ dancing skills made little difference to his neighbours below,” the tribunal said, adding that the residents below HK’s unit said that “the ceiling shook when he held jazz practice and that the sound was inescapable.”
Other witnesses provided similar statements.
“I find a reasonable person would not consider an apartment in a 4-storey residential building to be an appropriate place for band and dance practices. I find the strata has proved that the jazz band and dance practices likely caused a nuisance to the unit below his. So, I find the strata appropriately decided to enforce its bylaws against this activity,” the tribunal said.
All that being said, the tribunal determined that the strata failed to follow the Strata Property Act’s procedural requirements for fining tenants, and ordered the strata to reverse $4,600 in bylaw fines immediately.