B.C.’s Civil Resolution Tribunal has ordered a Surrey strata to pay an owner $6,118 while a neighbour must pay $4,000 as a result of noise complaints.
According to tribunal member Sarah Orr's Nov. 27 decision, Jit Bhullar and Ashley Chung own adjacent strata lots.
Bhullar has frequently complained to the strata since December 2021 about unreasonable noise coming from Chung's unit, said the decision. Bhullar claimed the strata failed to sufficiently investigate her noise complaints or enforce its bylaws.
“She says the noise has unreasonably interfered with her use and enjoyment of her strata lot, caused her severe stress and anxiety, and caused her to incur expenses to purchase sound-recording equipment and to stay elsewhere,” Orr said.
Bhullar claimed $5,600 against the strata for breaching the Strata Property Act and for the cost of purchasing sound-recording equipment.
She claimed $3,200 against the strata and Chung for the expenses she incurred to vacate her strata lot to escape the noise, and she claimed $25,000 against the strata and Chung for loss of enjoyment of her strata lot and nuisance damages.
She also claimed $10,000 against Chung for pain and suffering and loss of peaceful enjoyment of her strata lot.
Bhullar sought a tribunal declaration that Chung violated the strata’s noise and nuisance bylaws. She also sought orders that Chung stop the noise and nuisance immediately and that the strata enforce its bylaws.
The strata, however, said it reasonably investigated Bhullar’s noise complaints and enforced its bylaws. It said it did not owe Bhullar anything and asked that the claims be dismissed.
Chung also said she owed Bhullar nothing and asked that the claims be dismissed.
The complaints
Bhullar first complained to the strata about unreasonable noise coming from Chung’s unit in December 2021.
“From February 2022 until at least April 2024, Ms. Bhullar made numerous and frequent noise complaints to the strata,” Orr wrote. “Ms. Bhullar has described the noise as stomping, forceful slamming, vibrations, and very loud thumps. She says the noise usually occurred throughout the day and evening, but sometimes occurred in the early mornings.”
Bhullar submitted to the strata audio and video recordings of the noise, decibel readings from an app on her phone, a noise log, and witness statements from her friends and other residents.
Chung, however, denied ever causing any unreasonable noise in her unit.
“She said she and her family lived in the strata lot from 2021 to December 2023 when they moved out because of the continued noise complaints,” Orr said. “She says that during the dates and times of most of the complaints, either no one was in her strata lot, or anyone at home was asleep.”
On March 29, 2022, the strata asked Bhullar what she expected it to do about her ongoing noise complaints.
“In April and September 2022, the strata told Ms. Bhullar that it would be fining Ms. Chung’s strata lot for noise bylaw contraventions, but it is unclear from the evidence if it did so,” Orr said.
By Aug. 28 2022, Bhullar complained to the strata that the noise had become “serious.”
Three days later, she asked for a strata council hearing. Orr said Chung refused to attend or meet with her at which point the strata suggested Bhullar file a tribunal complaint.
Bhullar met with the strata on Oct. 6, 2022 and was told the strata would file a complaint against Chung.
“The strata asked her to provide it with all the evidence she had of the unreasonable noise, including videos, sound recordings, and decibel readings, which she did,” Orr said.
However, council minutes from the strata’s Feb. 9, 2023 meeting indicate that the strata withdrew the tribunal claim because it wanted Bhullar and Chung to “address this matter independently.”
A month later, Bhullar filed the claim.
By April 2023, strata council members agreed the noise was too much and the strata began fining Chung.
Chung said the strata had never attended her unit to investigate the noise.
“She says she has repeatedly asked the strata to hire an independent third party to inspect her and Ms. Bhullar’s strata lots to determine where the noise is coming from, but the strata ignored her requests,” Orr said. “The strata does not dispute any of this.”
In regards to Bhullar's submissions to the tribunal, Orr noted: “I find the decibel readings Ms. Bhullar submitted generally corroborate her noise logs and witness statements, and so I find the decibel readings that spike into the 70s and above are evidence of unreasonable noise.”
One witness statement said he attended a September 2022 dinner party at Bhullar’s residence.
“They said the noise was so loud that it was difficult to carry on a conversation, and it continued late into the evening,” Orr said.
The tribunal member did note some of the noises occurred when Chung was demonstrably not there.
“Considering all of the evidence, I am satisfied that Ms. Chung caused much of the unreasonable noise Ms. Bhullar experienced, except for the knocking noises she heard at night.”
Orr also found the “strata’s delayed and inadequate investigation” into Bhullar’s noise complaints was significantly unfair to her.
"In conclusion, I order the strata to pay Ms. Bhullar $6,118.62 in damages, and I order Ms. Chung to pay Ms. Bhullar $4,000 in damages," Orr said.
