B.C.’s Civil Resolution Tribunal has ordered a Vancouver strata to remove fines against an owner who had been using a shop vacuum on his terrace.
In his May 12 decision, tribunal member Garth Cambrey said unit owner Yifei Hu, also known as Yi-Fei Hu, said he uses a shop vacuum to maintain a limited common property patio and terrace over which he has exclusive use.
He initially said the strata had imposed $1,400 in bylaw fines for his use of the vacuum alleging it was in violation of the strata’s noise bylaws because it created unreasonable noise.
In submissions to the tribunal, Hu then said the strata imposed fines totalling over $9,000.
Hu said the strata treated him significantly unfairly because it didn’t properly investigate the noise complaints to determine whether the vacuum noise was unreasonable.
He sought removal of all the bylaw fines and compensation of $5,000 for harassment and psychological damages.
The strata, however, denied Hu’s claims, saying it complied with the Strata Property Act (SPA) and bylaws, and properly imposed fines for Hu’s continued violation the strata’s noise bylaws.
The strata counterclaimed against Hu for bylaw enforcement, seeking orders that he pay its reasonable legal costs and pay it $1,600 in bylaw fines.
The strata also sought an order that Hu be restricted from vacuuming more than five minutes per day and only between 10 a.m. and 5 p.m.
What happened?
Cambrey said the evidence suggested the disputed fines related to complaints made between October 2023 and November 2024 for which a total of $8,200 in fines were levied against Hu.
The fines came after multiple noise complaints, Cambrey said. One said the vacuuming happened daily, sometimes for hours.
The strata suggested limiting usage times, an idea Hu rejected.
“The evidence suggests that the strata did not conduct any inspections of the patio or terrace to determine whether the noise was unreasonable,” Cambrey said. “It is the strata’s duty to reasonably investigate the noise complaints, and I find it did not.”
As such, Cambrey ordered the fines reversed.
Cambrey refused to resolve Hu’s harassment claim.
“I find his claim for psychological damages is akin to a claim for mental stress,” Cambrey said. “Given Mr. Hu did not provide any evidence to support his claim, such a doctor’s note, I find his claim for psychological damages unproven, and I dismiss it.”
The tribunal also dismissed the strata’s claim for legal costs, having found Hu did not contravene the bylaw.
“The strata did not provide any evidence to prove it paid legal expenses, such as paid invoices,” he said.
