B.C.’s Civil Resolution Tribunal has ordered a Vancouver strata to do noise testing for both its trash compactor and gym following two complaints from the same owner.
Flor Madani owns a unit in the strata complex that has two levels. Its lower level is directly above the common property garbage room while its second level is on the same floor as the common-property gym.
Madani had valued her claims at $5,000 but instead of compensation sought orders that the compactor be shut off and that the free weights, which she claimed caused noise when dropped, be removed.
“Alternatively, she wants the strata to improve signage, enforce its bylaws and rules, and hire an acoustic engineer to assess the noise and make recommendations,” tribunal member Micah Carmody said in an Aug. 12 decision.
The strata opposed most of the remedies, Carmody said, saying owners are entitled to use the garbage compactor and free weights.
The strata said it would continue to investigate the noise complaints but said Madani has not cooperated with its investigation.
Madani argued the compactor is an industrial or commercial model that does not belong in a residential strata building.
The strata said it did noise testing and was of the view was that the compactor was not creating unreasonable noise. The next step in its investigation, it said, would be “to have [an] acoustic engineer conduct an objective assessment.”
Still, Carmody said, “Madani has not shown that the compactor noise in [her unit] is something an ordinary person would not tolerate. She has not provided any expert evidence about the noise, or any of her own noise measurements or recordings of the noise.”
The gym
Madani said when residents have dropped the free weights or have placed them heavily on the gym’s floor, she's heard a loud thump and vibration in her bedroom.
After she complained, the strata put up a notice asking people not to drop weights. It later put in mats to absorb sound. When that didn’t solve Madani’s complaints, rubber tiles were installed.
Carmody refused her request for the removal of the free weights for two reasons.
“The first is that Mrs. Madani has not proven that the gym noise is something an ordinary person would not tolerate,” Carmody wrote. “The second is that it would unfairly impact other residents who use the free weights without dropping them.”
She also requested more signage but Carmody found what existed was adequate.
Carmody ordered noise reports for both areas with results to be given to Madani.
Noise monetary orders were made.
