Strata fines B.C. homeowner thousands for vacuuming and he strikes back

A strata and homeowner found themselves in a Civil Resolution dispute after the homeowner was fined for using his vacuum.

According to the tribunal’s decision, the homeowner maintains a common patio next to his lot with a shop vacuum. The homeowner said the strata initially imposed $1,400 in fines against him, alleging that he violated noise bylaws.

When he made his submissions, he claimed that the strata’s fines totalled over $9,000. The homeowner also claimed the strata treated him significantly unfairly by not properly investigating the noise complaints to determine whether or not the noise was unreasonable.

He asked the tribunal to order the strata to remove the fines and to compensate him $5,000 for harassment.

In defence, the strata denied the homeowner’s claims and said it complied with the Strata Property Act (SPA) and bylaws. In addition, the strata filed a counterclaim, asking for an order that the homeowner pay $1,600 in fines and be restricted from vacuuming more than five minutes per day and only between 10 a.m. and 5 p.m.

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While the tribunal dismissed the homeowner’s harassment claims, it felt he had a case regarding the noise bylaw fines.

The fines were related to complaints made between October 2023 and November 2024. While the homeowner claimed the fines were over $9,000, the tribunal found they were closer to $8,200.

“Living in a strata building involves some degree of give and take among neighbours when it comes to noise and other potential nuisances. This means that often a resident’s subjective complaints are not enough to prove that noise is unreasonable,” the tribunal said.

One of the complaints came from someone who lived above the homeowner involved in this case. The complaint alleged that the vacuum was used almost daily and sometimes for several hours. Between Oct. 21 and Nov. 14, 2023, the strata received six complaints.

The homeowner was given 14 days to respond to the complaints or request a hearing; failing to do so would mean a $200 fine for each bylaw contravention.

Fast forward to April 2024, and complaints about the homeowner’s vacuuming were still being made.

At one point, the strata suggested that the homeowner use a “broom, brush and dustpan,” adding that it was willing to test his vacuum use for no more than five minutes daily at certain times.

While the tribunal acknowledges that the homeowner likely used his vacuum for extended periods over several days to keep areas near his home clean, it said the strata did not conduct any inspections to determine whether the noise was unreasonable.

Some submissions to the tribunal included video evidence, but the tribunal said the video was insufficient to determine the noise level. The strata made some claims about decibels, but did not provide decibel recordings. The homeowner also offered some information about the decibel level, suggesting it was reasonable. The strata rejected his argument because he isn’t a “sound expert.”

The tribunal threw that claim back at the strata, as the strata did not have an expert’s opinion.

“To be clear, I do not find the vacuum noise is reasonable. My finding is that the strata did not prove, with sufficient evidence, that the noise is unreasonable. The strata’s duty to enforce its bylaws is ongoing, so my decision should not be interpreted to approve [the homeowner’s] use of his vacuum to clean the patio and terrace without limitation,” the tribunal said.

After reviewing all of the case details, the tribunal ordered the strata to reverse all of the fines and pay the homeowner $225 in tribunal fees.