A BC tenant faced off in a legal fight against her strata, claiming that she was mistreated because the strata did not act on her noise concerns.
According to a publicly posted BC Civil Resolution Tribunal dispute, Hazel Duddy claimed excessive noise was coming from the unit above hers.
She asked the tribunal to order the strata to respond to her complaint letters, hire an engineer to do noise transfer tests and pay $5,000 in damages.
In response, the strata said it handled Duddy’s noise complaints appropriately and didn’t mistreat her.
The problematic unit in question was unit 201, and Duddy lived in 101. On September 15, 2021, she sent a letter of complaint to the unit’s tenant regarding “intense noise consisting of thumping, banging, and running back and forth, especially in the evening hours.”
Duddy received a response in the form of a card apologizing for the noise the four-year-old child had made. However, Duddy said the noise continued, leading to a complaint to the strata on October 13, 2021. In that complaint, she said the noise sometimes lasted up to two hours.
She asked the strata to obtain documents about the child’s medical diagnosis, though the tribunal dismissed that order.
The strata informed unit 201 about the complaint.
Unit 201’s tenant requested a hearing with the strata council, advising the strata that the child has a medical condition that contributes to the noise. Unit 201’s tenant had provided documents confirming the child met the criteria for Autism Spectrum Disorder.
Eventually, unit 201’s tenants were fined for excessive noise.
Still, despite the fine, letters from strata continued to be sent to the tenant until mid-2022. The letters stopped even though the tenant in unit 101 still faced noise issues.
In an April 2023 letter to Duddy, the strata said it reviewed Duddy’s complaint letters and expressed its “ongoing concern for Ms. Duddy’s circumstances.”
The strata added that it had exhausted its options.
After the tribunal finished reviewing the various evidence in the case, it determined that the strata treated Duddy unfairly by failing to enforce the building’s bylaws between July 2022 and January 2024.
While Duddy asked for $5,000 in damages, the tribunal awarded her $2,000.
Ultimately, Duddy walked away with $2,402.41 for damages and pre-judgement interest. The strata was also ordered to take steps to ensure that unit 201’s tenants installed rubber mats and area rugs or carpets to diminish the noise.