Editor’s note: This article mentions domestic violence, self-harm, and harm to children.
An eye-popping case at the BC Civil Resolution Tribunal that involved domestic abuse found a strata owing one of its residents a lot of money.
In this case, names have been anonymized due to the nature of some of the allegations, so the applicant is merely referred to as TM, who suggested that the residents directly above her were making unreasonable noise and causing a nuisance.
TM said the strata failed to enforce its bylaws adequately and claimed $3,500 in damages.
In response, the strata claimed it did address the noise complaints and that, in any case, TM hadn’t proven her damages.
Some of the facts of this case might be disturbing for some people to hear.
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TM lived in unit 207, while the noise arose from unit 307. At some point in June 2022, a guest regularly began visiting 307, “essentially living there.”
According to TM, the occupants included the owner, the owner’s son and the new guest, and they engaged in loud and aggressive behaviour that included screaming, swearing, physical and domestic violence, and threats of self-harm that TM could hear from 207.
TM also claimed they partied late into the night, played loud music, stomped around, slammed doors, flipped over furniture, and threw garbage from the 307 balcony onto 207’s.
At some point in September 2022, TM says the new guest’s child became a visitor and that there was screaming and swearing at the child “in what she alleges was a verbally abusive way.”
TM reported the noise disturbances daily to the strata between September 2022 and July 2023 and suggested that the noise had caused her to suffer a lack of productivity and “psychological and moral distress.”
The strata claimed it had issued six warnings and fines against 307’s owner and had gone so far as to contact police and Child Protection Services, saying it made its “best efforts.”
TM herself involved the police out of concern for the child. This seemed to help the noise for a while, and around the same time, the strata sent a letter to 307’s owner advising him it had imposed fines of $50.
By June 2023, the strata had issued four $50 fines against 307’s owner.
Though the strata tried to intervene, the fact that TM continued to complain for months left the tribunal with the conclusion that the “strata did not act reasonably.”
“I find the strata’s complete failure to take investigative or enforcement action in response to TM’s ongoing noise complaints was significantly unfair, particularly since the strata does not dispute unit 307’s owner started deliberately banging on TM’s ceiling around May 2023.”
While TM didn’t get her full claim of $3,500, the tribunal found that $2,500 was fair for the strata to pay.
The strata was forced to pay TM $2,845.88 for damages and CRT fees.