Couple's claim for $299K in damages due to noisy neighbours dismissed by B.C. tribunal

A couple who said they had to sell their condo because of noisy upstairs neighbours has had their claim for $299,000 in damages dismissed by B.C.'s Civil Resolution Tribunal.

The decision on the case was posted online Friday, outlining the history of the dispute and the strata council's attempts to resolve it.

Gurvinder Rooprai and Sukhjit Rooprai were alleging that the strata council failed to enforce its bylaws, and that "they had no choice but to sell their strata lot," the decision reads.

The damages sought included $100,000 for "loss of use and enjoyment of their strata lot" and $100,000 for "mental distress," $10,000 for moving costs, $65,000 for loss of profit on the sale of their unit, $16,000 to repay a mortgage-related penalty, and $8,000 in unspecified strata fees.

THE COMPLAINTS

The issues with the upstairs neighbours, the tribunal heard, began in March of 2021, when a family of three – two adults and a toddler – moved into the one bedroom unit above the Rooprais'. In April, the first complaint was send to the strata council.

"Mr. Rooprai emailed the strata manager to report that for the two weeks since moving in, their upstairs neighbours had been extremely loud from early morning to late at night. Mr. Rooprai stated there had been loud banging, a grinding noise, and a child running and stomping their feet all day, which was becoming unbearable," the decision reads, noting that the strata council's response was to suggest the couple leave a note for their neighbours.

The upstairs tenants told the council they received the note, and were planning to get more area rugs to dampen the noise, according to an email reviewed by the tribunal.

However, the Rooprais complained again soon after, saying the upstairs owners were running their dishwasher late at night and making excessive noise early in the morning. For their part, the tribunal noted, the upstairs neighbours began making complaints of their own about the "intense banging" on the ceiling of the Rooprais’ condo that was "scaring their daughter."

What followed was a series of strata-facilitated meetings and strata-issued warnings with no formal resolution. Tribunal member Kristin Gardner said that for the next several months, the strata received no complaints.

But in August of 2021, another complaint was sent by the Rooprais, this time saying their neighbours had also violated an occupancy bylaw that says a one-bedroom unit can only be occupied by two people. The strata "disagreed with their argument that a small child is not a person" and found the family of three had breached that bylaw. The family was given six months to "resolve the issue" and within that time period they sold their condo and moved out of the building. The tribunal disagreed with the Rooprais' claim that the strata council did not enforce the occupancy bylaw. 

Gardner also rejected the Rooprais' claim that the investigation of and response to the noise complaints were unreasonable, and concluded that there was no evidence the Rooprais were treated "significantly unfairly."

ABSENCE OF EVIDENCE

She also went a step further in her decision, saying even if she had made such a finding – she would not have awarded the couple any compensation.

"I find their claims that they sold their strata lot prematurely as a result, along with the associated financial losses, are unproven," Gardner wrote.

"The Rooprais provided no evidence about when they listed their strata lot for sale, when it sold, its list price, or its sale price."

Further, she said she would not have been able to find in their favour on the matter of loss of use or enjoyment of their residence.

"I would not have found the noise was unreasonable. The Rooprais’ noise logs recorded only a few instances of noise before 7 a.m. or after 9 p.m. Their video evidence was not time-stamped and while the recorded noise was audible, I find it was not particularly loud and it generally lasted for only a few seconds at a time," she wrote.

"The Rooprais provided no decibel meter readings of the noise, no professional testing to measure the sound transfer between the strata lots, and the only witness statements are from the Rooprais’ own family members, who I find are not objective. So, in the absence of any proven unreasonable noise, I would not have awarded the claimed damages."

As for mental distress, Gardner said medical evidence – which is required – was never submitted.