Sonos speaker costs BC man $3,500 after neighbour sues over bass
A BC couple whose bassy Sonos speaker caused "intolerable" noise for their neighbours is on the hook for $3,500.
According to a June 22 BC Civil Resolution Tribunal decision, the noisy neighbour once told his neighbours they have to get used to the noise because he had "the best sound system in the world."
Undeterred, Rukshila and Michael Levelton took Anushka Indrasiri and Nathasha Vithanage to the online BC small claims court.
The decision says the neighbours all lived in undisclosed strata made up of row housing.
In February 2022 Indrasiri and Vithanage bought a pricey Sonos Bluetooth speaker and the neighbours began to keep a noise log.
On a couple of occasions, Rukshila asked Indrasiri to turn the volume down which he did.
However, a day later Rukshila asked Indrasiri to turn the bass down, but he refused.
"I can’t do anything… to be honest," he replied saying he had a Sonos system which was the "best sound system in the world."
"You and all other neighbours have to get (used) to this system," he said.
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Over the next few months, the Leveltons noted 20 different noise incidents.
"Some were a few minutes long and some lasted several hours," the decision says.
The couple contacted the unnamed strata at least 10 times but the strata took "limited action."
The strata manager finally turned up at the noisy neighbours' place the day after the Leveltons threatened to sue them.
The strata manager said that while the bass was at its lowest it was still "too loud."
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The strata issued at least one bylaw infraction and said if they did not stop the noise it would impose further fines.
However, the noise didn't stop and at one point the Leveltons called the police.
The strata held a hearing with the noisy neighbours and tests were done.
The noise continued.
Eventually, the Leveltons sold their property and moved out months later.
The decision says the neighbours on the other side also moved out at the same time because of the noise.
While not involved in the legal action, the neighbour reported that "loud bass music was a regular occurrence for hours on end" and the walls would "tremble."
The noisy neighbours said the others were "unreasonably sensitive to noise" and wanted a sound test by a professional engineer to prove their case.
The Tribunal disagreed saying the strata actions, combined with both sets of neighbours' evidence showed the noise was unreasonable. It also pointed out the noise started when the Sonos speaker was purchased.
The Tribunal also said that Indrasiri was uncooperative and unwilling to reduce the volume.
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The Tribunal ruled the couple experienced "significant and unreasonable bass" and the noise was "intolerable for an ordinary person."
The couple had sued for $3,500 for damages for nuisance and the Tribunal agreed.
Ultimately, Indrasiri and Vithanage found that their pricey Bluetooth speaker cost them $3,500 plus $175 in fees on top of what they paid for it.
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