BC Court Dismisses $299,000 Claim Against Noisy Condo Neighbors

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A couple who said they had to sell their condo because their upstairs neighbors (a family with an infant daughter) were too noisy had their $299,000 damages claim dismissed by BC’s Court of Civil Settlements.

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Gurvinder and Sukhjit Rooprai allege that Newton’s Strata Council for Low-Rise Condo Development failed to enforce its bylaws, allowing a family of three to move into the one-bedroom unit above them.

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Because of this, and because of the family’s continued noise nuisance, “they had no choice but to sell the formation,” according to a recently posted decision from the adjudicator. Christine Gardner.

The problems allegedly started when the family of three moved in in March 2021.

The following month, Rooprais emailed the Strata Manager to report that the upstairs neighbor was “extremely noisy from early morning until late at night.”

The complaint stated, “Loud noises, squeaks, kids running and stomping all day, it was becoming unbearable.”

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The strata manager responded by suggesting that Rooprais leave a note for the neighbors about the noise.

A month later, Strata received emails from neighbors, anonymous letters about the noise, reporting that they had purchased area rugs and were taking other precautions to reduce noise.

The email also stated that someone on the lower floor had intentionally knocked on the ceiling while my 2-year-old daughter was playing on the deck the week before.

In May, Rooprais e-mailed the Strata Manager, telling him that the noise from the second floor continued, waking up as early as 6am.

Meanwhile, a neighbor reports to the stratum that the Rupplay squad’s “violent beatings” are repeated and that they are scaring their daughter.

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When they spoke to Mr. and Mrs. Luupray, Mr. and Mrs. Luupray said they were banging on the ceiling in frustration at the noise of their children.

The strata arranged several meetings and issued warning letters to the owners of both units, but there were no complaints for several months.

In August 2021, Rooprais filed a “formal complaint” over neighbors’ continued excessive noise and violation of the occupancy ordinance that only two people can live in a one-bedroom unit. Sent an email to strata for.

Strata later advised neighbors with the infant that they disagreed with their claim that the young child was not a person. I sold it and moved.

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Rooprais also moved, but when is unknown.

Rooprais will award $100,000 for “loss of use and enjoyment of land”, $100,000 for “mental distress”, $10,000 for moving costs, $65,000 for loss of profit from sale of unit, It was seeking damages including $16,000 for mortgage repayments. $8,000 in related fines, and unspecified tier fees.

The court disagreed with Rooprais’ contention that the Strata Council did not enforce the occupancy laws.

It was also found that their claim of prematurely selling the Strata unit because of this, and the resulting financial loss, was unproven. There was no evidence of when they listed the Strata unit, when they sold it, its list price or its sale price.

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The court did not find the noise unreasonable and said the noise log filed by Rooprais recorded only a few instances of noise before 7:00 am or after 9:00 pm.

There were no decibel meter readings for noise, no professional tests were performed to measure sound transmission between units, and the only witnesses were Rooprais’ own family.

jlee-young@postmedia.com

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