B.C.’s Civil Resolution Tribunal has rejected 22 of 24 noise fines a Vancouver strata levied against an owner and has ordered the corporation to pay the man $1,800.
Florentin Pirvu said the strata violated Section 135 of the Strata Property Act by imposing fines without an investigation and without providing him an opportunity to respond, according to tribunal member Maria Montgomery's Nov. 15 decision.
Montgomery agreed.
“I find that the strata’s response to the complaints was not reasonable and was significantly unfair to Mr. Pirvu,” she said.
Pirvu bought his strata lot in 2018 and began renting it to the current tenants in 2021.
He further claimed the strata treated each alleged bylaw violation as a continuing bylaw contravention when it should have treated each complaint as separate.
The strata imposed $4,800 in fines of which Pirvu had paid $1,800, an amount Montgomery ordered to be repaid.
“Because the strata acted significantly unfairly, I find the appropriate remedy is to order the strata to remove the remaining fines from Mr. Pirvu’s account as well,” Montgomery wrote.
Pirvu received the first letter from the strata about noise complaints on Nov. 18, 2021. It said the strata received a complaint of daily, intermittent noise from shouting, loud music, dragging or dropping items and heavy footsteps during September.
In the letter, the strata said it might impose a $200 fine, and it asked Pirvu to respond within 14 days.
Pirvu responded by email on Nov. 28 saying he disagreed with the noise complaint. He provided a detailed response from the tenant.
“There is no evidence that the strata reviewed or responded to that email,” Montgomery said.
On Dec. 22, 2021, the strata informed Pirvu of its decision to impose a $200 fine for the September noise complaint. It also informed Pirvu of a new noise complaint in the early morning hours of Dec. 17.
“Mr. Pirvu was not invited to respond to that complaint,” Montgomery said.
Then, on Oct. 19, 2022, the strata sent Pirvu a letter about a complaint of loud banging at 4 a.m. The strata again invited Pirvu to respond and warned of a possible fine.
Then, at a Feb. 8, 2023 meeting, the council reviewed several complaints that Pirvu’s strata lot and the strata lot directly below were both banging on the ceiling/floor.
The strata sent four letters on Feb. 10 and one more on Feb. 22, each fining both strata lots $200. The strata provided Pirvu with a hearing on Feb. 27.
The strata imposed two additional $200 fines on Pirvu’s strata lot for banging in September 2023.
“Mr. Pirvu responded by email saying that their tenant had video evidence that the banging was coming from another strata lot,” Montgomery said. “There is no evidence that the strata reviewed or responded to this email.”
On Nov. 24, 2023, the strata sent four letters to Pirvu about noise complaints from Oct. 21 and three more in November.
The strata imposed a $200 fine for each complaint and sent three more letters on Nov. 30, each imposing $200 fines.
“One of these letters repeated the previous complaint about Oct. 21,” Montgomery said.
Then, in 2024, the strata sent another four letters similar to those above imposing nine more $200 fines.
“Mr. Pirvu says his tenant was not at home or was asleep during some of the times the unreasonable noises were alleged to have occurred,” Montgomery said.
She said the strata argued it followed the law’s requirements by providing warning letters and a hearing.
“I disagree,” Montgomery said, noting the strata “acted significantly unfairly by failing to take reasonable steps to objectively investigate the noise complaints.”
She said the strata failed to strictly comply with the law before it imposed 22 fines.
“The fines are invalid,” she said. “I order the strata to cancel all fines it issued to Mr. Pirvu in response to noise complaints other than the fines for September 2021 and Sept. 30, 2022.”
