A BC homeowner took it upon herself to seek justice after her strata failed to protect her from issues in the building that kept her from enjoying her home.
In a publicly posted BC Civil Resolution Tribunal dispute decision, the details of the case against the BC strata include the fact that the homeowner, JB, frequently complained about unreasonable noise in the building, causing her severe stress and anxiety.
She wasn’t only making a case against her strata, but she also claimed damages against the neighbour, AC, who was the source of the noise. She sought over $38,000 from the strata and neighbour. The strata said it investigated her concerns reasonably, while the neighbour denied she or her family caused any unreasonable noise.
The tribunal decision states that the affected BC homeowner had to pay to buy sound recording equipment and also had to pay to stay elsewhere to avoid the noise. AC tried to make the case that the homeowner illegally recorded her and her children, and the recorded evidence wasn’t admissible. The tribunal disagreed.
It all began around May 2021 when JB first moved in. AC moved in soon after. JB said there was no unreasonable noise for the first few months of living in her strata unit. However, sometime in September 2021, she began hearing thumps and vibrations from the top floor of AC’s strata unit, sometimes continuing until late night, after 11 pm.
JB first complained about the noise in December 2021. Between February 2022 and April 2024, she frequently complained to the strata. As of May 2024, she said it mostly stopped. AC said they moved out in December 2023 because of the continued complaints.
The strata told JB that it would begin fining AC for contravening noise bylaws, but the tribunal decision notes that it’s unclear if that actually happened. The decision also notes that at some point on August 28, 2022, the strata council president told JB that the noise was severe and that “no one should have neighbours like them.” The president recommended downloading a noise decibel app, which JB did.
There was a point when the idea of a strata meeting involving JB and AC was floated, but AC refused to meet. JB suggested she would turn to the tribunal to resolve her complaints. The strata actually filed its own tribunal claim against AC in the fall of 2022; however, it later withdrew its claim because it thought that JB and AC should handle the matter independently. JB started this tribunal dispute in February 2023. The strata did impose several $200 fines against AC.
Recordings submitted to the tribunal were analyzed, and the tribunal confirmed that the noise JB described was audible. Witness statements provided by JB also support her claims, despite AC suggesting those claims weren’t neutral.
“You don’t have to prove anything to me. I have heard the sounds. It’s definitely loud and shouldn’t be occurring at the late hours/early morning,” a strata council member told JB via text.
After analyzing all the evidence, the tribunal concluded that most of the noise came from AC’s unit, except for some knocking noises.
Remedies for the BC homeowner
JB made several claims for damages. One of her claims was for $3,200 for alternative accommodation, but she didn’t provide any documentary evidence for this, so the tribunal dismissed the claim.
JB paid $618.62 for a security camera system to provide video evidence. The tribunal determined the strata had to reimburse her for that purchase. For JB’s claims for damages due to her stress and anxiety, the tribunal ordered the strata to pay her $6,118.62 in damages and AC to pay her $4,000 in damages.
Within 30 days of the decision, including tribunal fees, the strata was ordered to pay JB $6,819.78, while AC was ordered to pay her $4,529.02.