88 result(s)
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1.
Pope v. Yas - 2019 BCCRT 1350 - 2019-12-04
Strata Property Decisions - Final DecisionMs. Yas says there is no unreasonable noise from her strata lot, that her family did not cause the noises Mr. Pope complaints of, and the SL15 flooring has no deficiencies. [...] c. Were the strata’s actions in dealing with the flooring alterations and noise complaints significantly unfair to Mr. Pope? [...] Were the strata’s actions in dealing with the flooring alterations and noise complaints significantly unfair to Mr. Pope?
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2.
Ross v. The Owners, Strata Plan NW 962 - 2022 BCCRT 532 - 2022-05-04
Strata Property Decisions - Final DecisionMr. Ross says his family experienced unreasonable noise from SL105 beginning after the laminate floors were installed. [...] Given this, I find the absence of carpeted flooring does not, by itself, make the noise unreasonable. [...] 77. I have found that SL105’s flooring alteration complied with bylaw 8(3), the noise emanating from SL105 was not unreasonable under bylaw 3(1), and the strata did not treat Mr. Ross significantly unfairly in the manner it addressed the flooring alterations and his noise complaints.
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3.
Ruthe v. The Owners, Strata Plan BCS 1023 - 2020 BCCRT 605 - 2020-06-02
Strata Property Decisions - Final DecisionFor that reason, I find this dispute involves only footfall and flooring-related noise. [...] a. Did the strata fail to enforce its noise bylaw in relation to the owner’s complaints about footfall and flooring-related noise? [...] Did the strata fail to enforce its noise bylaw in relation to the owner’s complaints about footfall and flooring-related noise?
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4.
Mack v. The Owners, Strata Plan 1736 - 2023 BCCRT 776 - 2023-09-14
Strata Property Decisions - Final Decision3. In dispute ST-2022-003587, Mr. Mack essentially argues the strata has failed to investigate his noise complaints or enforce its hardwood flooring bylaw. [...] He says unreasonable noise occurs in SL8 as a result of hardwood flooring the strata approved in strata lot 13 (SL13), located immediately above SL8. [...] a. Enforce bylaw 3(1) about noise from his upstairs neighbours’ floor,
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5.
Johnson v. The Owners, Strata Plan LMS 1685 - 2024 BCCRT 042 - 2024-01-16
Strata Property Decisions - Final Decision - Under Judicial Reviewa. Failed to investigate and resolve her noise complaints about flooring noise from the strata lot above, unit 305. [...] a. Did the strata meet its duties under the SPA in responding to Ms. Johnson’s flooring noise complaints? [...] However, since the informal testing on September 14, 2021, showed no unreasonable noise, and since Ms. Johnson has not provided alternative objective evidence of unreasonable noise, I find the strata acted reasonably and met its SPA section 26 duties in investigating Ms. Johnson’s flooring noise complaints.
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6.
Torok v. Amstutz et al - 2019 BCCRT 386 - 2019-03-28
Strata Property Decisions - Final DecisionHe says the new flooring was installed by the previous owner of SL38 in 2016, and the noise complaint was not raised until August 2017, nearly a year after the floor was installed, so the change in flooring did not cause the noise problem. [...] b. Is the laminate flooring in SL38 causing unreasonable noise in the owner’s strata lot, and if so, what remedies are appropriate? [...] Is the laminate flooring in SL38 causing unreasonable noise in the owner’s strata lot, and if so, what remedies are appropriate?
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7.
The Owners, Strata Plan 901 v. Strudwick - 2022 BCCRT 823 - 2022-07-19
Strata Property Decisions - Final Decision22. The floor noise issue first arose in 2017. Given this, I have summarized the history of the flooring noise issue leading up to the 2021 flooring repairs that give rise to this dispute. [...] He alleged that the flooring noise only started after SL21’s flooring was replaced. [...] 28. After SL21’s flooring was replaced, Mr. Strudwick continued to complain of flooring noise.
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8.
Fox v. The Owners, Strata Plan KAS 1911 - 2017 BCCRT 137 - 2017-12-11
Strata Property Decisions - Final Decision19. E-mail correspondence between the owner, the strata manager and members of the strata council confirms that the strata did, upon being made aware of the noise complaints, contact the owner of the ground floor unit to advise the owner of the ground floor unit of the complaint and to address the noise complaints and the [...] 52. Upon receiving the initial noise complaint the strata contacted the owner of the ground floor unit, who acknowledged that it is responsible for the fan unit, advised the owner of the complaint and advised the owner to address the noise complaints and the fan unit as required by the strata’s bylaws. [...] 57. The strata engaged a contractor to investigate the noise complaints and advised the owner of the ground floor unit of the complaints, which resulted in the owner of the ground floor unit engaging its own contractor to investigate the noise complaints.
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9.
Floro v. The Owners, Strata Plan NW2847 - 2020 BCCRT 1356 - 2020-11-30
Strata Property Decisions - Final Decision48. The strata then decided no flooring or noise-related bylaws were breached. [...] The July 2019 email and August 2019 hearing notes emphasized that the flooring and renovation noise were the issues. [...] In any event, I find it has no relevance to whether the strata’s investigation into the noise and flooring complaints was reasonable.
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10.
Battersby v. The Owners, Strata Plan NW 1868 - 2020 BCCRT 257 - 2020-03-05
Strata Property Decisions - Final DecisionAccording to the respondents, the applicants’ noise complaints are not related to the hardwood floors in Mr. Frantzen’s strata lot, but rather to the construction of the building. [...] 48. The applicants have consistently stated that their noise complaints have involved 2 aspects: the creaking from the floor structure and impact noises. [...] 51. The requirement in the bylaws that an owner remediate or remove hard surface flooring in the event of noise complaints is not subject to the consideration of expense or inconvenience.
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11.
The Owners, Strata Plan 1478 v. Cameron - 2022 BCCRT 1312 - 2022-12-06
Strata Property Decisions - Final Decisiond. Are Ms. Cameron’s claims about the flooring and payment for noise testing equipment moot? [...] Are Ms. Cameron’s claims about the flooring and payment for noise testing equipment moot? [...] She says noise only reaches unreasonable levels when a heavy person walks across the floor.
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12.
McVittie v. The Owners, Strata Plan LMS 869 - 2023 BCCRT 493 - 2023-06-12
Strata Property Decisions - Final Decision1. This dispute is about flooring-related noise in a strata corporation. [...] Mr. McVittie says the strata has failed to enforce its noise and flooring bylaws. [...] The noises included dropping keys and banging the floor with a screw driver handle.
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13.
Jamal v. Rushton - 2020 BCCRT 585 - 2020-05-28
Strata Property Decisions - Final Decision2. The owners say they replaced their flooring in 2008 and the noise complaints did not start until 2017. [...] The council noted that no noise complaints were made for 9 years after hard flooring was installed, and found that the owners had made reasonable attempt to limit the transfer of sound to the strata lot below. [...] 27. As discussed above, the applicant complained to the owners about dog-related noise in late 2016 and about what he thought was noise related to the flooring in early 2017.
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14.
Shafey v. The Owners, Strata Plan NW 1730 - 2022 BCCRT 344 - 2022-03-28
Strata Property Decisions - Final DecisionThe council members concluded that the unreasonable noise was due to a combination of the previous owner’s living habits and the 15-year-old hard flooring. [...] 19. Based on LP’s noise logs and the strata’s discussion of LP’s noise complaints in the minutes described above, I find the strata reasonably believed the noise in SL 27 was caused or increased by the hard flooring. [...] Further, the minutes specifically note the ongoing nature of LP’s noise complaints from SL 42 and the strata’s conclusion that the hard floor is to blame.
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15.
Schmidt v. The Owners, Strata Plan LMS 2454 - 2023 BCCRT 391 - 2023-05-12
Strata Property Decisions - Final Decisiona. Did the strata reasonably investigate Mr. Schmidt’s noise complaints and enforce its flooring and noise bylaws? [...] 21. Mr. Schmidt says there must be a problem with the floor in unit 1002 because he had no noise complaints until SH changed the flooring. [...] Noise transmission and the degree of disturbance from noise depends on more than flooring and underlay.
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16.
Penz v. Sacilotto - 2022 BCCRT 706 - 2022-06-16
Strata Property Decisions - Final Decision42. Ms. Penz says the noise from the seventh floor strata lot, was an isolated incident and was not the noise she had heard from unit 520. [...] She says the noise disturbances that she had been complaining about were different types of gaming noises than those she heard from the seventh floor. [...] That noise complaint was about a seventh floor strata lot. SB stated that their own strata lot is only 1 unit away from unit 520 and when SB leaves their unit they walk by unit 520.
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17.
Blain v. The Owners, Strata Plan VR 2690 - 2023 BCCRT 440 - 2023-05-26
Strata Property Decisions - Final Decision5. The strata says it properly managed the SL108 floor alterations and noise complaints. [...] There is no evidence the applicants made any noise complaints to the strata until the summer of 2020, when their neighbours installed laminate flooring in SL108. [...] 18. As a result of the applicants’ ongoing noise complaints, the strata ultimately retained BAP Acoustics (BAP) to conduct an impact sound insulation test on the floor-ceiling assembly between SL83 and SL108.
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18.
De Mark v. The Owners, Strata Plan BCS 3240 - 2019 BCCRT 512 - 2019-04-30
Strata Property Decisions - Final DecisionHe also detailed the steps taken to minimize floor noise, such as using felt and rubber pads on furniture, installing rugs, and the purchase of soft dog toys. [...] Here, the owner of unit 311 has taken many steps to reduce the noises from walking, moving furniture, and his dog coming through the floor, and there appears to have been a long period between 2010 and 2017 where the noise was manageable for the owner. [...] The owner also acknowledges that the strata is a heritage building with concrete floors, and noises tend to travel through those buildings more so than in other types of construction.
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19.
Yang v. The Owners, Strata Plan VR732 - 2020 BCCRT 361 - 2020-03-31
Strata Property Decisions - Final Decision53. On January 27, 2019 the applicants wrote to the strata to complaint of noise from unit 415, which included objects being dropped and furniture dragged across the floor of unit 415 at 6:10 a.m. that day. [...] 85. The tribunal applied Ng in a case of floor noise in a strata, in Torok v. Amstutz et al, 2019 BCCRT 386. [...] In Torok, the tribunal awarded damages to an owner, based on a finding that the strata had failed to investigate or remedy her complaints of floor noise from an upstairs strata lot.
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20.
Duddy v. The Owners, Strata Plan BCS 1162 - 2024 BCCRT 807 - 2024-08-22
Strata Property Decisions - Final DecisionBAP noted that if there were noise complaints, they were likely from impact noise resulting from hard floor finishes, low ambient noise levels, or behaviour that results in excessive noise. [...] The damages awarded in those decisions ranged from $1,000 for thudding and running noise over 5 months in Rahman, to $4,000 for loud floor creaking noise over 20 months in Torok. [...] 46. The majority of Ms. Duddy’s noise complaints were about sounds of running, yelling, jumping, stomping, banging and dragging objects across the floor.
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21.
Palmer v. The Owners, Strata Plan VR2265 - 2023 BCCRT 792 - 2023-09-18
Strata Property Decisions - Final DecisionShe says the strata has not reasonably investigated her ongoing complaints or enforced its noise and flooring bylaws. [...] 47. Ms. Palmer also alleges that the strata unreasonably failed to investigate her complaints and enforce its noise and flooring bylaws. [...] 61. Ms. Palmer also says that the previous flooring bylaw was inadequate to protect residents from unreasonable noise transfer.
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22.
Auclair v. The Owners, Strata Plan NW1841 - 2020 BCCRT 710 - 2020-06-26
Strata Property Decisions - Final DecisionIn the minutes, the council noted that it had received correspondence from an owner about noise transfer between floors. [...] These reports included complaints of noise at 3:20 a.m. and 1:30 a.m. on separate mornings, and repeated reports of heavy-footed walking, thumping of the floor and noise slamming. [...] The strata say its buildings are wood-framed and over 30 years old, so everyday noises tend to transmit through walls and floors.
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23.
Lal v. The Owners, Strata Plan BCS2869 - 2020 BCCRT 1189 - 2020-10-20
Strata Property Decisions - Final DecisionCP says they went to the 16th floor with Ms. Sahota several times in April 2019 to investigate the noise. [...] MO says he went to the 16th floor at 2:00 pm and 4:45 pm that day but he did not hear any loud noise. [...] Further, although MO says they went to the 16th floor 5 times in April 2020 to check for noise, the strata has not provided any evidence describing how MO investigated noise on the 16th floor.
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24.
Bahmutsky v. Petkau - 2020 BCCRT 244 - 2020-03-03
Strata Property Decisions - Final Decision52. I also applied Ng in a case of floor noise in a strata, in Torok v. Amstutz et al, 2019 BCCRT 386. [...] In Torok, I awarded damages to an owner, based on my finding that the strata had failed to investigate or remedy her complaints of floor noise from an upstairs strata lot. [...] The letter said the Petkau’s had 14 days to respond to the complaint.
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25.
Letendre v. Moayed - 2020 BCCRT 614 - 2020-06-03
Strata Property Decisions - Final Decision4. Ms. Letendre further says that Mr. Moayed and Ms. Rashti-Zadeh installed laminate flooring without the strata’s permission which has led to increased noise. [...] That is, even if Mr. Moayed and Ms. Rashti-Zahed were allowed to replace the flooring with laminate they still can be found in breach of the noise bylaw. [...] 37. Therefore, I deny Ms. Letendre’s claim about flooring noise. To be clear, nothing in this decision prevents Ms. Letendre from making noise complaints in the future to the strata and requesting they investigate them under Bylaw 3.