B.C.’s Civil Resolution Tribunal has ordered a B.C. strata to pay an owner $2,500 after hearing tales of violence, threats of self-harm, and harm to a child.
“I find the strata essentially left TM to handle the matter herself,” said tribunal member Megan Stewart in her Oct. 25 decision.
Complainant TM told Stewart a new guest began regularly visiting an upstairs suite, essentially living there.
TM said that from June 2022, the unit’s occupants included the owner, the owner’s son, and the new guest.
“She says they engaged in loud, aggressive behaviour that included screaming, swearing, physical and domestic violence, and threats of self-harm that she could hear,” the ruling said. “TM also says the occupants partied late into the night, played loud music, stomped around the unit, slammed doors, flipped over furniture, and threw garbage from their balcony onto hers.”
TM further said from September 2022, the new guest’s child also became a frequent visitor and she could hear the guest screaming and swearing at the child in what she alleges was a verbally abusive way.
TM began emailing the strata on a regular and sometimes daily basis. The strata wrote to the upstairs unit’s owner six times with warnings or fines.
TM called the strata’s actions ineffective and reported the situation to the municipality’s bylaw department, the police, and child protective services.
“TM says the ongoing noise has interfered with her enjoyment of her strata lot, causing her to suffer a lack of productivity and ‘psychological and moral distress,’” Stewart said.
The strata said it has acted reasonably to enforce its bylaws and has made “best efforts” to resolve the situation.
The strata claimed TM had to prove the noise was unreasonable. Stewart, however, said the fact the strata had already assessed four fines for noise indicated the strata had already accepted the noise as unreasonable.
And, Stewart said, it was unreasonable of the strata to invite TM to a voluntary dispute resolution meeting in December 2022 when she was already afraid of the unit’s occupants. Further, Stewart said, the strata subsequently failed to investigate or enforce noise complaints.
“From February 2023, however, I find the strata’s complete failure to take investigative or enforcement action in response to TM’s ongoing noise complaints was significantly unfair,” Stewart said.
