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A B.C. strata has been ordered to pay a condo owner $5,000 after it failed to properly investigate a noise complaint.

According to a June 27 BC Civil Resolution Tribunal, the strata had an expert report which stated the noise in Edward McCrossan's condo was unreasonable but failed to do anything.

The Tribunal described the strata's lack of action as "harsh and burdensome" ruling its treatment of McCrossan was "significantly unfair."

The unusually lengthy 26-page decision says McCrossan and his partner Susan Floro had previously taken the Strata NW2847 and their upstairs neighbour Robert Munroe, to the Tribunal in 2020 regarding the noise but failed to prove the noise was unreasonable or that the strata hadn't taken enough action.

However, since the couple lost their case, several acoustic engineering reports have been done that examined the noise.

The decision says the couple argue the noise coming from their upstairs neighbour is unreasonable and the strata have failed to enforce its noise bylaw against Munroe.

"Mr. McCrossan has created years of noise logs with hundreds of detailed entries, including many instances of overnight noise that woke him up," the decision reads.

The Surrey-based strata argued one study shouldn't be used as evidence because McCrossan and Floro paid for it to be done.

The Tribunal rejects the argument saying the report is still valid regardless.

READ MORE: BC couple awarded $4,500 after bizarre noise coming from neighbour's condo

The complex and lengthy decision indicates that the noise issue has been a contentious issue between the couple and the Strata for years.

In the decision, the couple alleged the strata "tipped off" Munroe to go out on the day one of the acoustic engineers assessed the noise in their condo.

The Tribunal ruled they had no evidence to prove this and it was just a coincidence their upstairs neighbour had left for the day.

After looking into the various studies, the Tribunal ruled that the engineering reports show that there is unreasonable noise in the couple's condo during the day, but not at night.

The strata argued that not all the noise comes from Munroe's condo and the Tribunal agreed.

However, the Tribunal ruled that most of the unreasonable noise was generated by the upstairs neighbour.

"I, therefore, find that the (couple) has proven that Mr. Munroe has persistently breached the strata’s bylaws by causing unreasonable noise in (his) unit," the Tribunal says.

But while the Tribunal ruled on the cause of the noise, it points out that the couple's claim for $20,000 in compensation is not against their neighbour but the Strata.

"This means that I must assess the Strata’s response to Mr. McCrossan’s ongoing complaints," the Tribunal said.

READ MORE: 'Insensitive' strata ordered to pay condo owner $19,000

The decision parses through the multiple records and the history of the noise complaints and finds the Strata failed to continue investigating after one engineering report was inconclusive.

The Tribunal ruled the strata stopped "meaningful investigation" and failed to act even though a report found the noise unreasonable two years earlier.

Ultimately, the Tribunal ordered the strata to hire a structural engineer to inspect the floor-ceiling assembly and pay the couple $5,000 for the loss and use of enjoyment of their home, one-quarter of the $20,000 they were after.

READ MORE: Sonos speaker costs BC man $3,500 after neighbour sues over bass

"The strata’s obligation to investigate is ongoing...the strata must respond reasonably as it learns more about the noise issue and keep an open mind about how to best address the noise issue," the Tribunal ruled.

The Strata was also ordered to pay the couple $8,649 to cover the cost of an engineering report.

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