A Burnaby strata has been ordered to properly investigate complaints from an owner who says noise coming from the gym below her apartment is keeping her awake and rattling her dishes.
Cambria Janes complained to the Civil Resolution Tribunal that the "quiet enjoyment" of her apartment on the corner of Dawson Street and Willingdon Avenue in Brentwood is disrupted daily by noise, including thumping workout music and clanging weights, from the F45 gym below, according to a tribunal ruling Wednesday.
Starting in 2019, Janes sent the strata a total of 182 noise complaints about the gym, according to the ruling.
Her "detailed complaints" continued throughout 2021, 2022, and 2023, except when F45 was subject to COVID-19 related closures, the ruling said.
Other strata owners also complained, and Janes said the strata has not taken effective action to enforce its noise bylaw.
She called on the tribunal to order the strata to enforce its noise bylaw.
The strata, meanwhile, said it had reasonably responded to the noise complaints and the issue has been addressed.
It had forwarded the complaints to the commercial property manager and sent bylaw infraction letters to F45.
In her ruling, however, tribunal member Maria Montgomery noted the strata had not provided any of the letters as evidence and had not said whether it had fined F45 for the bylaw infractions.
In an April 2021 letter, the strata told Janes the gym had taken measures to reduce noise, such as suspending classes, lowering music and reducing morning exercises, and that the strata considered the matter closed.
It also informed her it would not proceed with independent sound testing by a third-party company.
Montgomery said that Janes had not provided sufficient evidence to prove the noise coming from the gym was unreasonable.
She noted a resident's "subjective noise complaints" are usually not enough to prove that problem noise constitutes an "unreasonable interference with an owner's use and enjoyment of their property," under the law.
But Montgomery said the matter didn't end there.
Under the Strata Property Act, she said stratas have a duty to enforce their bylaws, and that includes reasonably investigating noise complaints.
She concluded Janes's strata had failed to do so.
While the strata made efforts to bring the noise complaints to the attention of F45 so that it could take noise reduction measures, Montgomery said there was no evidence the strata took further action, such as levying fines or holding a hearing.
"The strata said in its March 19, 2021, letter that F45 did not violate any strata bylaws but does not explain how it came to this decision," she wrote. "The strata did not conduct sound testing or other objective assessments."
Montgomery noted each of Janes's 182 noise complaints was potentially a new bylaw violation, which the strata had a duty to investigate.
Montgomery said the CRT does not normally order stratas to do things they are already required to do under the Strata Property Act – such as enforcing their own noise bylaws – but concluded an order was justified in this case.
"The strata received 182 complaints over five years but did not take sufficient steps to investigate and enforce (its bylaw)," Montgomery wrote.
She ordered the strata to "immediately" investigate Janes's noise complaints and provide her with the results.
The strata was also ordered to pay Janes $225 for tribunal fees.
The CRT is an online, quasi-judicial tribunal that hears strata property disputes and small claims cases.
Follow Cornelia Naylor on X/Twitter @CorNaylor
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