Failure to address noise issues lands BC strata in costly case | Daily Hive

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A BC homeowner was forced to move out of her home because the strata failed to adequately address her noise complaints, and the strata found itself on the defence in a tribunal dispute.

According to the BC Civil Resolution Tribunal decision, the homeowner, who had owned her unit since 2004, said that the strata didn’t investigate or resolve her complaints about noise coming from the owner above her, FP.

She added that FP made it “impossible for her to enjoy her strata lot.”

The homeowner asked the tribunal for $20,000 in legal fees, loss of enjoyment of her home, loss of sleep, health issues, lost income, the costs for her new home, and moving expenses. In defence, the strata claimed it didn’t act significantly unfairly and that it properly investigated the homeowner’s claims.

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Complaints from the homeowner started in March 2021 and continued until June 2023. The BC homeowner’s written complaints included allegations of continuous tapping, screaming, thumping, and banging on the floors. The complaints also included door or drawer slamming, yelling, items being dropped on the floor, furniture being dragged, and door banging.

The tribunal decision states that these noises took place at all times of day, from early morning to daytime, late evening, and even in the middle of the night.

In evidence, the BC homeowner submitted audio and video recordings highlighting examples of her complaints. She also had detailed statements about dates and times. She told the tribunal that the noises disturbed her sleep and interfered with her ability to work from home. She also suggested that the police attended on two separate occasions, but she didn’t provide any evidence of that claim.

Some of the evidence submitted included her interactions with FP. In total, she provided around 44 files. After examining the evidence, the tribunal concluded that FP used her unit in a way “that caused a nuisance” to the BC homeowner with unreasonable noise and unreasonable interference.

The strata wrote to FP’s lawyer, asking FP to stop banging or jumping on the floor. Sometime in October 2022, the strata tried to arrange a settlement between FP and the disgruntled homeowner, but it didn’t pan out.

“When it was not successful, it was unreasonable for the strata not to take further steps,” the tribunal’s decision notes.

Because of the tension and animosity between the two homeowners, the strata retained its own lawyer to assist with the complaints.

“I find that retaining a lawyer does not constitute investigating a complaint,” the tribunal said. It added that the strata breached its duty under the Strata Protection Act to enforce bylaws.

The noise became so bad and constant that it forced the homeowner to move. The tribunal had to determine a remedy for damages. As mentioned, the BC homeowner was hoping for $20,000.

“I find $5,000 in damages appropriate for the loss of use and enjoyment of her strata lot.”

You can read the full decision posted online here.