57 result(s)
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1.
The Owners, Strata Plan 1674 v. Graham - 2019 BCCRT 74 - 2019-01-18
Strata Property Decisions - Final Decision5. For the reasons set out below, I find that the owner must stop using her existing heat pump immediately, as it causes unreasonable noise and unreasonably interferes with the use and enjoyment of the neighbouring strata lot. [...] 13. The owner submits that the strata’s claim is essentially a claim of nuisance, and that the strata has not met the burden of proving that the heat pump noise unreasonably interferes with AW’s use and enjoyment of his strata lot. [...] I also find that noise unreasonably interferes with AW’s right to use the neighbouring strata lot, which is prohibited in Standard Bylaw 3(1)(c).
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2.
Radley v. The Owners, Strata Plan VR 2690 - 2022 BCCRT 930 - 2022-08-18
Strata Property Decisions - Final Decision26. As stated above, bylaw 8.1(b) prohibits an owner or occupant from making any “undue noise”, or doing anything that unreasonably interferes with any other owner or occupant. [...] Also, bylaw 8.1(c) says an owner or occupant must not use any amplifier, sound reproduction equipment, or other device in a strata lot that causes a disturbance or unreasonably interferes with the comfort of any other owner, tenant, or occupant. [...] In The Owners, Strata Plan LMS 1162 v Triple P Enterprises Ltd., 2018 BCSC 1502, the court defined nuisance in the strata setting as a substantial, non-trivial, and unreasonable interference with use and enjoyment of property (paragraph 33).
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3.
Gool v. The Owners, Strata Plan BCS4368 - 2021 BCCRT 1146 - 2021-10-28
Strata Property Decisions - Final Decision25. Bylaw 4(1) prohibits a resident or visitor for using a strata lot in a way that causes a nuisance or hazard to another person, causes unreasonable noise, or unreasonably interferes with the rights of other persons to use and enjoy another strata lot. [...] In the strata context, nuisance is a substantial, non-trivial and unreasonable interference with an owner’s use and enjoyment of their property. [...] However, I find it unproven that the sound was substantial, non-trivial or unreasonable interference.
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4.
Wall et al. v. Rimmer et al. - 2019 BCCRT 956 - 2019-08-09
Strata Property Decisions - Final Decision71. Ms. Rimmer says that the Walls operate three noisemakers that breach section 3 of the Standard Bylaws, as they create a nuisance, cause unreasonable noise, and unreasonably interfere with her ability to enjoy her property. [...] As noted earlier, section 3 of the Standard Bylaws prohibits an owner from causing a nuisance, unreasonable noise, or unreasonable interference with the rights of other people to use and enjoy their strata lot or the common property. [...] 75. Assessing whether noise complaints are reasonable is challenging because what constitutes unreasonable noise can be subjective, making noise violations difficult to prove: Zacharias v. Ludrovsky et al, 2019 BCCRT 188.
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5.
Estrin v. The Owners, Strata Plan LMS3758 - 2023 BCCRT 350 - 2023-04-27
Strata Property Decisions - Final Decision42. Nuisance in the strata context is an unreasonable interference, such a noise, with an owner’s or tenant’s use and enjoyment of their property. [...] So, I find the question is whether the basketball games caused objectively unreasonable interference in the circumstances. [...] I find this dispute was essentially about a routine noise complaint, and there was nothing overly complex about it.
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6.
The Owners, Strata Plan K351 v. 0985028 B.C. Ltd. - 2020 BCCRT 215 - 2020-02-25
Strata Property Decisions - Final Decision15. Bylaw 3.1(c) says that an owner must not use a strata lot in a way that unreasonably interferes with the rights of other persons to use and enjoy the common property, common assets or another strata lot. [...] 26. The owner says that he has tried to abide by the noise bylaw but that the strata kept changing what the acceptable noise standards were. [...] 34. The strata says that the owner is also in breach of the bylaw that says that the owner, tenant, occupier, or visitor must not use the strata lot in a way that unreasonably interferes with the rights of other persons to use and enjoy the common property, common assets or another strata lot.
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7.
Kandrack v. The Owners, Strata Plan VIS3364 - 2022 BCCRT 1278 - 2022-11-25
Strata Property Decisions - Final Decision(c) Unreasonably interferes with the rights of other person to use and enjoy the common property, LCP, common assets or another strata lot. [...] 24. In The Owners, Strata Plan LMS 1162 v. Triple P Enterprises Ltd., 2018 BCSC 1502, the court defined nuisance in the strata setting as a substantial, non-trivial, and unreasonable interference with use and enjoyment of property (paragraph 33). [...] However, I find CF’s statement does not establish either that the carpet caused the water run-off and noise, or that the noise was objectively unreasonable.
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8.
LeBlanc v. The Owners, Strata Plan LMS 600 - 2020 BCCRT 783 - 2020-07-14
Strata Property Decisions - Final Decision1. This dispute is about noise and odour nuisance in a strata corporation. [...] 3(1) An owner, tenant, occupant, or visitor must not use a strata lot or common property in a way that causes a nuisance or hazard to another person, causes unreasonable noise, or unreasonable interferes with the rights of other persons to use and enjoy the common property or another strata lot. [...] 30. Bylaw 3(1) says a tenant may not use a strata lot in a way that causes a nuisance to another person, or an unreasonable interference in another person’s use and enjoyment of a strata lot.
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9.
Hebein v. The Owners, Strata Plan BCS 4061 - 2024 BCCRT 19 - 2024-01-09
Strata Property Decisions - Final DecisionIn The Owners, Strata Plan LMS 1162 v. Triple P Enterprises Ltd., 2018 BCSC 1502, the BC Supreme Court defined nuisance in the strata setting as a substantial, non-trivial, and unreasonable interference with use and enjoyment of property (paragraph 33). [...] 27. I find the strata provided no evidence that the Mustang noise on April 13, 2021, was sufficiently loud to constitute a substantial, non-trivial, and unreasonable interference with use and enjoyment of property. [...] I find this means that in order for the strata to impose a fine for noise nuisance on April 13, 2021, it needed evidence of noise meeting the Triple P test on that date.
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10.
Grant v. The Owners, Strata Plan EPS3940 - 2022 BCCRT 627 - 2022-05-27
Strata Property Decisions - Final Decisionb. causes unreasonable noise, c. unreasonably interferes with another person’s right to use and enjoy the common property, and [...] 22. Mr. Grant says the greenspace social gatherings are a nuisance, noisy, and unreasonably interfere with his own enjoyment of his strata lot. [...] 26. Contrary to Mr. Grant’s argument, I find he has not proven the social gatherings unreasonably interfere with childrens’ ability to use the play area.
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11.
Dale v. The Owners, Strata Plan NW 1188 - 2019 BCCRT 1302 - 2019-11-18
Strata Property Decisions - Final DecisionShe submits that the bird’s noise is a nuisance and unreasonably interferes with her use and enjoyment of her strata lot. [...] The minutes indicate that the noise was described as the constant sound of high-pitched bird-like noises. [...] Section 3(1) of the bylaws states that an owner must not use a strata lot in a way that causes a nuisance to another person, causes unreasonable noise or unreasonably interferes with the rights of other persons to use and enjoy their strata lot.
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12.
Thackray v. Martin - 2023 BCCRT 1039 - 2023-11-30
Strata Property Decisions - Final DecisionIt says it reasonably addressed the water feature noise, and complied with the Strata Property Act (SPA) and bylaws in handling the noise complaint. [...] 30. Bylaw 3(1) says, in part, that an owner, tenant, occupant or visitor must not use a strata lot in a way that (a) causes a nuisance or hazard to another person, (b) causes unreasonable noise, or (c) unreasonably interferes with another person’s right to use and enjoy their strata lot. [...] The strata says given the proximity to SL17’s primary bedroom, the strata council members were satisfied that the water feature noise likely caused unreasonable interference with Mr. Martin and LM’s right to enjoy the use of SL16.
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13.
The Owners, Strata Plan LMS XXX v. D.B. - 2017 BCCRT 117 - 2017-11-16
Strata Property Decisions - Final Decisionb. Bylaw 4.1(a), (b), (c) and (d): A resident or visitor must not use a strata lot or common property in a way that causes a nuisance or hazard (a), causes unreasonable noise (b), unreasonably interferes with the rights of others to use and enjoy common property or their strata lot (c), or is illegal (d). [...] That is not the end of the matter however, as the strata’s bylaw 4.1 requires all owners to ensure they do not unreasonably interfere with another owners’ right to use and enjoy their strata lot or the common property. [...] g. May 4, 2017: The strata’s account statement for unit 211 shows $850 in fines imposed for “April 3-15/17 – altercation, fights, excessive noise, loitering and excessive noise”.
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14.
Commisso v. The Owners, Strata Plan LMS 2188 - 2022 BCCRT 1365 - 2022-12-22
Strata Property Decisions - Final Decision1. This dispute is about bylaw fines for smoking and excessive noise. [...] 26. I find the law about nuisance in the strata context applies to the analysis of whether cigarette smoke is causing undue smell or unreasonable interference under bylaw 3.1(b). [...] 45. I note that bylaw 3.17 says excessive noise and disturbances may be subject to a fine upon notice.
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15.
Moore v. The Owners, Strata Plan KAS 353 - 2018 BCCRT 40 - 2018-02-15
Strata Property Decisions - Final Decision24. One question that arises is this: in terms of errant golf balls, what constitutes unreasonable interference? [...] Both authors indicate that the occasional stray ball would not amount to an unreasonable interference. [...] A claimant must take steps to reduce or mitigate their loss (Osler Dev. Ltd. et al v. H.M.T.Q. et al, 2001, BCSC 129, a case about noise from an adjacent bridge, in which the court found the noise was a nuisance but it was not actionable).
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16.
Woods v. The Owners, Strata Plan KAS 2811 - 2022 BCCRT 812 - 2022-07-15
Strata Property Decisions - Final Decision5. The strata says the fine was justified, based on the complaint letters, a noise log from a neighbouring owner, and the strata’s investigation. [...] 7.1(b) – unreasonable noise or disturbance 7.1(c) – unreasonable interference with rights of other persons to use and enjoy common property, common assets, or another strata lot. [...] 13.12 – if an animal is a nuisance or has caused unreasonable interference, the council may order it to be permanently removed.
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17.
The Owners, Strata Plan EPS2933 v. Milkov - 2022 BCCRT 587 - 2022-05-17
Strata Property Decisions - Final Decision13. Bylaw 3(1) says owners and tenants must not use a strata lot, common property, common assets or limited common property, in a way that causes a nuisance to another person, causes unreasonable noise, or unreasonably interferes with the rights of other persons to use and enjoy the common property, common assets, or [...] a. noise and nuisance fines under bylaw 3(1) for alleged contraventions spanning from August 2020 to January 2021. [...] 22. As discussed above, the strata is also seeking payment of noise and nuisance fines in this dispute.
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18.
MacKenzie v. The Owners, Strata Plan LMS1491 - 2020 BCCRT 1115 - 2020-10-02
Strata Property Decisions - Final DecisionFurther, according to bylaw 13, a resident must not use a strata lot in a way that causes unreasonable noise or unreasonably interferes with the rights of other persons to use and enjoy another strata lot. [...] The owner responded by denying that he caused unreasonable noise, and noted that he was disturbed by noise from other strata lots, including unit 110. [...] Given the degree of latitude the bylaws give to the strata council when considering noise from children and the fact that almost all of the reported disruptions involved such noise, I find that the strata’s decision about the noise level was reasonable.
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19.
Sandhu v. The Owners - Strata Plan EPS3434, 2022 BCCRT 815 - 2022-07-15
Strata Property Decisions - Final DecisionHe says the noise has been ongoing for 4 years and, although the strata has attempted to address the noise issue, no meaningful solution has been implemented. [...] The courts have found that nuisance in a strata setting is an unreasonable interference with an owner’s use and enjoyment of their property: see The Owners, Strata Plan LMS 1162 v. Triple P Enterprises Ltd., 2018 BCSC 1502. [...] So even if the noise was not ongoing, I would find Mr. Sandhu is within the limitation period under the LA to file his noise claim.
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20.
Plante v. The Owners, Strata Plan EPS2689 - 2021 BCCRT 780 - 2021-07-16
Strata Property Decisions - Final DecisionHe says the strata admits the noise is a nuisance, and has issued one bylaw infraction fine, but has not further enforced its noise and nuisance bylaw. [...] It says, in part, that an owner, tenant, occupant, or visitor may not use a strata lot, common property, or common assets in a way that causes a nuisance or hazard to another person, causes unreasonable noise, or unreasonably interferes with another person’s right to use and enjoy common property, common assets, common [...] In that case, I awarded a strata lot owner $4,000 in damages for failure to investigate noise complaints and enforce its noise bylaw.
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21.
The Owners, Strata Plan LMS4355 v. Vorias - 2022 BCCRT 745 - 2022-06-27
Strata Property Decisions - Final DecisionThe strata says Mrs. Vorias and other SL25 occupants continue to harass and intimidate residents, strata agents and contractors and make unreasonable noise contrary to the bylaws. [...] Relevant to this dispute, bylaw 3(1) says an owner, tenant, occupant or visitor must not use a strata lot, the common property or common assets in a way that causes a nuisance or hazard to another person, causes unreasonable noise, and unreasonably interferes with the rights of other persons to use and enjoy the common [...] I find the banging noises from SL25 were unreasonable and contrary to bylaw 3(1).
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22.
Fincham v. Greer - 2022 BCCRT 772 - 2022-07-05
Strata Property Decisions - Final DecisionMs. Fincham provided a video that appears to show the tent structure brightly illuminated at night and emitting a loud grinding noise. [...] 24. Bylaw 3(1) prohibits owners, occupants or visitors from using the common property in a way that causes a nuisance or hazard to another person, causes unreasonable noise or unreasonably interferes with the rights of other persons to use and enjoy the common property, is illegal, or contrary to a purpose for which the [...] I find that this noise would be especially disruptive when performed at night, as shown in the video.
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23.
Rooprai v. The Owners, Strata Plan LMS 1364 - 2022 BCCRT 1212 - 2022-11-04
Strata Property Decisions - Final DecisionBylaw 4.1(c) says that a resident must not unreasonably interfere with the rights of other people to enjoy their strata lots. [...] 25. I turn first to the Rooprais’ noise complaints. Did the strata reasonably investigate the Rooprais’ noise complaints? [...] The Rooprais’ noise logs recorded only a few instances of noise before 7am or after 9pm.
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24.
Chan v. The Owners, Strata Plan EPS 4773 - 2024 BCCRT 726 - 2024-07-26
Strata Property Decisions - Final Decisionb. Causes unreasonable noise, or c. Unreasonably interferes with the rights of other persons to use and enjoy the common property, common assets, or another strata lot. [...] In the strata context, unreasonable noise is noise that represents a substantial, non-trivial interference with the use and enjoyment of property.[1] To meet this standard, the noise must be intolerable to an ordinary person.[2] Whether a noise constitutes a nuisance depends on factors such as its nature, intensity, [...] I find that an ordinary person would find these noises intolerable. 26. As noted, other owners’ or residents’ subjective experiences are not determinative as to whether a noise is unreasonable.
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25.
Melnyk v. The Owners, Strata Plan EPS3047 - 2020 BCCRT 1254 - 2020-11-06
Strata Property Decisions - Final Decisionb. causes unreasonable noise, c. unreasonably interferes with the rights of other persons to use and enjoy the common property, common assets or another strata lot, [...] 35. Mr. Melnyk and Ms. Alvarado-Monchez say that the noise of children playing in the CP area has disrupted their own child’s sleep. [...] They did not provide noise readings of unreasonable noise during quiet hours, the dates and times when their child’s sleep was disrupted, or their child’s age.