A fight between two neighbours in a BC condo building escalated after one of them repeatedly complained about the screaming and shouting coming through the floors. Despite their efforts to take the issue to legal channels and order the upstairs neighbours to quiet down, it didn’t end exactly as they expected.
The decision was unveiled in a public document from BC’s Civil Resolution Tribunal after one woman complained that the noises were disturbing her several times a week and that she wanted the family to install better soundproofing as a result.
She took her complaints to the tribunal and outlined the “stomping, running, jumping, heavy pounding and screaming.” She complained that they violated the strata’s bylaws over reasonable enjoyment of their own strata lot and caused a nuisance. She wanted them to install a $5,000 subfloor to “mitigate the noise.”
The complaint details that she logged the noises and submitted them to the strata, which then fined the neighbours $50. The family also agreed to add a rug to one of the children’s rooms, but they refused to do more than that.
“Instead, the strata simply asked the Alexanders to install carpet in SL44, and when they declined, it took the position that the issue was between the owners. On this basis, I find the strata’s actions were unreasonable and contrary to its obligation to objectively investigate the bylaw complaints,” the tribunal member outlined.
As a result, the strata have been ordered to properly investigate the noises and even hire a professional to ensure that the noises are unreasonable before this issue can be dealt with again.
The strata was also ordered to pay a portion of the complainant’s court fees.