B.C. strata refused to get rid of 'irritating' fountain that interrupted 'breakfasting' for years
An “irritating” pond fountain caused a B.C. homeowner from Richmond great distress, which led to a tribunal dispute and an order for the strata involved to get rid of it.
According to the strata decision, the homeowner and applicant in the BC Civil Resolution Tribunal dispute said that the pond fountain created a loud noise that prevented the quiet enjoyment of his home.
He claimed that the fountain breached strata bylaws and that he was treated significantly unfairly.
The respondent, the B.C. strata, denied that the fountain was a nuisance and that it was “necessary” for the pond management strategy.
In 2021, the strata installed the fountain around 50 feet away from the applicant’s sundeck. He complained about “constant water splashing sounds.”
The applicant said that he and his family used to enjoy the sundeck before the fountain’s installation, but now it creates a constant white noise that makes the sundeck unpleasant. He told the tribunal that the sound requires that his windows and doors remain closed.
He added that the fountain runs daily from 8 a.m. to 8 p.m.
As evidence, the homeowner submitted videos of the fountain starting up. The tribunal noted that the fountain would “splutter” on and off.
According to the homeowner, sometimes weeds would get caught in the fountain, creating an irritating vibration and increasing the noise. The tribunal also noted that the fountain masks ambient nature sounds, “notably birdsong.”
The homeowner first complained in June 2021. He told the strata the fountain interrupted his habit of “breakfasting while listening to birdsong.” He asked if the start time could be adjusted to 10 a.m., but the caretaker said they set it as instructed. The strata replied to the complaint in August 2021, with no changes.
The homeowner complained again in an email in July 2022.
In October 2022, he asked the strata to consider moving the fountain. Between Oct. 31 and July 2023, the homeowner attended several council meetings to share his concerns about the fountain.
The tribunal noted that each time, the strata told the homeowner it would consider the matter.
From his sundeck, the homeowner recorded 59.6 decibels and suggested that the noise breached the City of Richmond’s noise bylaw.
In August 2023, the strata told the homeowner it might be able to reduce the fountain’s operation by two hours a day. The homeowner didn’t respond. The strata wrote to the homeowner again in September 2023, stating that the final decision was that the fountain would remain in operation “as it helps control algae growth,” among other benefits.
In April 2024, the homeowner reported that the fountain was causing a “fingernail on a blackboard” noise that was stressful and depressing.
In September 2024, the strata said the shut-off time had been adjusted, and the City confirmed the noise level was within permitted levels.
In January 2025, the homeowner emailed the strata with a petition from owners, and nine had requested the removal of the fountain.
In March 2025, the strata said it decided the fountain would not be removed and claimed the cost would exceed $10,000.
Fortunately for the homeowner, the tribunal sided with him.
The strata was ordered to remove or turn off the pond fountain, as well as pay the homeowner $2,241 as reimbursement for a Raincloud report he paid for, as well as $225 in strata fees.