B.C. strata forced to cough up thousands for failing to handle noise | Daily Hive

B.C. strata forced to cough up thousands for failing to handle disruptive noise

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Two property owners who own a home in a strata building had had enough of the absurd amount of noise coming from downstairs and turned to the BC Civil Resolution Tribunal for a solution.

The two applicants in the case claim that the strata failed to enforce its noise bylaw and claimed $6,000 in damages.

It also asked for an additional monetary award of $2,000.

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The homeowners first noticed noise coming from the unit below theirs in September 2021. The noise consisted of daytime arguing and banging noises. In some cases, yelling would last for up to an hour. They also experienced slamming doors on four separate occasions in the following month.

More audible yelling occurred in November 2021, in the early morning hours between 2 a.m. and 3 a.m. After this incident, the homeowners complained to the property manager. They submitted the email they sent as evidence.

That same November, there were more noise incidents which carried through to December and January 2022. Sometimes, yelling woke the homeowners up in the middle of the night. Sometimes it was accompanied by crashing, banging, or a barking dog.

On Jan. 25, 2022, the applicants made another complaint, and the email included a list of 27 noise incidents that took place since November 16, 2021.

The noise became less frequent in February and March 2022, but it didn’t stop entirely.

In May, June, August, September and October 2023, as well as January, February, June and September 2024, the applicants made more formal complaints to the strata about noise. Noise started to include loud music at various hours of the day and night.

Thanks to the evidence the homeowners provided, the tribunal determined that the noise coming from the unit below was unreasonable.

In terms of what the strata did to try to rectify it, the tribunal decision says that it gave the owner of the problem unit a warning in November 2021 and issued two fines of $50 in 2022. In 2023, it hit the unit with two $100 fines. However, the strata didn’t provide any evidence of these warnings or fines.

“I find that the strata acted significantly unfairly in the way it conducted bylaw enforcement,” the tribunal said.

The tribunal said that the strata took too long to start enforcing its noise complaints. While the strata rejected this notion, it didn’t provide enough evidence to support its claims. The applicants added that the strata didn’t provide sufficient updates on what steps it was taking.

“The strata also says that there was a break in the noise between the January 2022 bylaw enforcement and the next formal complaint on May 19, 2023. However, the May 19, 2023, email from the applicants lists 39 noise incidents that had occurred since January 25, 2022. So, while the noise may have been less frequent, I find the applicants’ evidence shows the noise continued through this period,” the tribunal decision states.

For a remedy, the tribunal determined that the homeowners were entitled to $2,500 for the loss of use and enjoyment of their home.

In total, the strata was ordered to pay the homeowners $3,0141.01, which included the damages and CRT fees.