The Civil Resolution Tribunal ruled the Spectrum Housing Co-operative was obligated to investigate Shaesta Rajabali's complaint about loud music, a loud vacuum and banging coming from the unit below her.
A Burnaby co-op has been ordered to pay $400 in damages and to "reasonably and objectively" investigate ongoing noise complaints from one of its members.
But, in February 2022, when Rajabali emailed the board to say SK was banging on the ceiling, no one attended, according to the ruling. "Mrs. Rajabali and SK were not able to resolve any significant aspects of their ongoing dispute," stated the ruling. "There is no evidence anything has happened since."
Rajabali asked the tribunal to order the co-op to rule on the dispute as per its policy, but Regehr said such a step would be premature."The co-op may determine that SK and Mrs. Rajabali are both making unreasonable noise, or that only one of them is, or that neither of them is," Regehr said. A lack of sufficient evidence about the noise, such as decibel readings, audio or video recordings, witness statements or professional measurements, also meant Rajabali had not proven the noise coming from SK’s apartment was unreasonable, according to Regehr.
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