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November 07, 2021 - 7:04 AM
A B.C. condo owner who was fined more than $15,000 by his strata following multiple noise complaints won't have to pay a penny after a tribunal ruled the fines were "significantly unfair."
A B.C. Civil Resolution Tribunal found that Glenn Wright's strata had failed to tell him about 50 noise complaints made against him and had never investigated whether the noise was actually unreasonable.
The strata had, however, fined him $200 for each complaint.
According to a Civil Resolution Tribunal decision, Nov. 2, Wright took Strata BCS 4303 to a hearing after receiving $15,400 in fines, most of which he was unaware of.
Wright called the complaints "outrageous" and pointed out that his previous and current neighbours – the residents who made the complaints sold their condo in 2021 and moved – testified they hadn't been disturbed by any noise coming from his apartment.
The situation started in May 2020 when Wright's neighbours complained about the TV noise coming from his unit. He turned his TV down the first time, but more complaints followed and he refused.
"The neighbourly relationship quickly deteriorated and the complainants turned to the strata, and later the RCMP," the decision reads.
The RCMP knocked on his door once and he turned his TV down.
Wright's neighbours made 76 noise complaints to the strata and took audio recordings and noise measurements.
However, the Tribunal found the strata council made serious errors in dealing with the complaints.
The decision says that no strata member ever visited the condo to assess whether the noise level was unreasonable.
"I find the failure to attend either strata lot meant the strata was unable to determine if there were effective methods, other than fines, to enforce compliance with the noise bylaw," the decision reads.
The Tribunal ruled the strata has given no explanation as to how it determined whether a bylaw had been broken other than getting a complaint.
The Tribunal also ruled that while the strata had issued fines of $200 each to Wright on 50 occasions, it had failed to inform him about them.
"I find the strata’s process in determining whether Mr. Wright contravened the noise bylaws was not procedurally fair to Mr. Wright," reads the decision.
The Tribunal concluded the strata had failed to determine that the noise was unreasonable, failed to demonstrate the noise broke the bylaw, and failed to tell Wright about the fines.
The Tribunal continued to say the strata failed to consider alternatives to fines and did not have an "open mind" about its decisions to re-impose the fines and did not provide a "cogent explanation" for its decision to impose the fines.
The Tribunal ordered the strata to pay Wright $225 to reimburse the Civil Resolution Fees.
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