BC strata owners face big fine for inappropriate use of Ring camera
A spicy legal fight reached the BC Civil Resolution Tribunal that involved strata owners yelling profanities through a ring camera at other strata residents.
In a publicly posted decision, Hon Wing Chan and Hung Cheung asked the tribunal to reverse hundreds of dollars in fines their strata levied against them.
The strata in question filed a counterclaim and won, but the details of the decision reveal some strange behaviour.
Chan and Cheung were fined $900 total, and they asked the tribunal to reverse the fines. In its counterclaim, the strata said the fines it levied against the owners were justified because they created “nuisances and disturbances” for the strata community.
Based on the details of the case, Chan and Cheung were accused of shouting profanities at other strata residents through their Ring camera. In total, 18 fines were imposed by the strata, valued at $50 each.
The Ring camera, which includes a camera and speaker component, was installed at their property in 2018. The owners can project their voices through the doorbell to whoever’s outside the front door.
The tribunal decision reads, “The strata says that the owners are using their doorbell to project their voices throughout the strata’s common areas, including yelling at other strata lot owners and using inappropriate language.”
“Video clips in evidence show multiple instances of a voice emanating from the speaker. Based on the translations in evidence, these vocalizations often include profanity and insults and are often directed toward other strata lot owners. Many of the disturbances occur late in the evening, around 10 or 11 pm,” the decision reads.
In defence, the owners tried to claim they did nothing wrong.
The decision states, “The owners also say that they have the right to yell inside their own property and that their yelling did not cause a nuisance or hazard because there is no evidence that they physically harassed anyone.”
“I disagree,” the tribunal member overseeing the case said.
“The bylaws in question prohibit unreasonable noise, which is not the same thing as physical harassment. I find evidence of physical harassment is not required to prove a breach of the noise bylaw.”
Two fines imposed against the owners were deemed unfair, leaving $800 in fines they were ordered to pay within 21 days of the tribunal decision.
The BC strata owners were ordered to pay a total of $865.79, including tribunal fees, and comply with the noise bylaws they breached.
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