Shuswap strata on the hook $3,000 after it dismissed noise complaint over heat pump

A Shuswap strata has been ordered to pay a condo owner $2,800 in compensation after it failed to act on complaints about the noise coming from a neighbour’s heat pump.

According to an April 2 BC Civil Resolution Tribunal decision, Sicamous resident Catherine Louise Burke made numerous complaints to her strata council about the heat pump, but it failed to act, instead saying that it was quieter than the previous air conditioning unit.

Sick of the noise, which started in the fall of 2023, Burke took the Strata 2959 to the BC Civil Resolution Tribunal and won.

The decision says Burke lives in a townhouse complex and in the spring of 2023, her neighbour installed a heat pump.

The noise from the pump wasn’t an issue until the weather got colder, and in October that year it started to bother her.

Burke said when it was at full capacity, it “floods” her main living area with sound.

She complained to the Strata, but it dismissed her noise complaint, saying it had tested the decibels of the heat pump, which were fine.

The Strata argued that the air conditioning unit the heat pump replaced was noisier, and that nearby train noise is far louder than the heat pump.

However, the Tribunal wasn’t impressed with its defence.

“I place no weight on these assertions because the strata provided no evidence to prove them,” the Tribunal ruled. “The strata provided no verified decibel readings for AC units, heat pumps, or train noise. The strata also provided no data or technical information from the heat pump manufacturer, despite allegedly relying on this information to conclude that the heat pump noise was reasonable.”

Burke argued the Strata took its noise measurement in May, but it’s only really a problem in the winter.

“The strata gave no information about what mode the heat pump was operating in when the decibel readings were taken. I find it is obvious that heat pumps create different noise levels depending on their operating mode,” the Tribunal ruled.

While the Strata provided no technical evidence to support its claims, Burke provided numerous videos that contained decibel readings.

“I find the average readings shown in the videos are persuasive evidence. I find I do not need an expert report to interpret them, as they are presented as straightforward measurements, and… I find the strata did not provide persuasive evidence to contradict these readings,” the Tribunal ruled.

The videos showed average decibel levels of 79.3 dB, 74.3 dB, and 61.8 dB.

“I find that this noise level, even at the lower end of the proven range, is unreasonable. I accept that it created a nuisance for (Burke ) and interfered with the use and enjoyment (of) her strata lot,” the Tribunal ruled.

The Strata also argued that other owners aren’t bothered by the noise from similar heat pumps elsewhere in the strata.

However, the Tribunal ruled that the other units with heat pumps are located further away than Burke is from her neighbours.

“I find the decibel readings taken near the heat pump show evidence of unreasonable noise,” the Tribunal ruled.

Burke argued for $6,000 compensation – $200 per month – for the Strata’s failure to enforce its noise bylaw. 

However, the Tribunal ruled that since the noise only bothered her in the winter, it would only count the winter months.

The Tribunal ordered the Strata to pay Burke $2,500 plus $300 in interest and $250 in fees.

“I do not order the strata to move the heat pump. However, I order the strata to enforce its noise bylaw against the (heat pump) owner, which may require moving or modifying the heat pump,” the Tribunal ruled.