Noisy neighbours ordered to pay thousands over loud music complaints

A Langley, B.C., couple has been awarded a settlement after taking former neighbours to court over a noise complaint.

The applicants, Rukshila Levelton and Michael Levelton, previously lived in the same strata complex as the respondents, Anushka Madushan Indrasiri and Nathasha Lankeshwari Vithanage.

According to the claim, Vithanage bought a new sound system in February 2022.

Rukshila initially complained to Vithanage about the sound system’s bass on Feb. 1 and 4. The ruling shows they did turn the volume down on those dates, but when the applicants asked again on Feb. 5, they did not receive a reply.

“We couldn’t hear the lyrics or anything,” Michael told Global News. “It was more the bass level permeating the house and we could feel it. That’s what shook us.”

From Feb. 5 to June 18, 2022, the applicants logged 20 different noise incidents with some lasting a few minutes long and some lasting several hours. They took measurements of the noise with a phone app that showed the levels reached as high as 63 decibels.

Most of the noise took place on Friday evenings from 6 p.m. to 11 p.m., and on Saturdays from as early as 11:30 a.m. until 11 p.m.

“It’d be different if it was once in a while,” Michael said. “We’re reasonable people. We understand people have parties, you know, you do things where you want to listen to music every once in a while, that’s fine. But when it happens multiple times a week, every week for hours and hours, it kind of it messes with your head a bit, you know?”

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The applicants complained to the strata manager and eventually fines were threatened and a hearing was held before they eventually applied to the Civil Resolution Tribunal on June 23, 2022.

“We were trying to be reasonable and do the proper processes, go through strata and all of that,” Rukshila said. “And it just didn’t quite seem fair that someone who did not care about anyone else around them would continue to do this. So I just thought, you know, maybe someone should hold you accountable to your actions.

“We were at kind of our wit’s end with this stress. So we need it to stop. And we had felt like we had exhausted every (other) way.”

The couple ended up moving out of the complex in November.

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Strata lawyer, Lisa Mackie, told Global News everyone has the right to quiet enjoyment of their space and to use their property free from significant interference.

She said if someone does have an issue with noise there are many ways to seek help.

“So when you’re in a strata corporation, you can look out to your strata council and make your concerns known to them,” she said. “When you’re in a rental housing building, you can make your concerns known to your landlord. Remember, your council and landlord are there for you to make sure that your concerns are addressed.”

Mackie said one of the best things anyone can do is just be neighbourly.

The Tribunal awarded the Leveltons $3,500 as damages for nuisance and $175 in fees.

“When you live with it, it’s different than just hearing it once,” Michael said. “The expectation of hearing the bass every weekend, I think that was the worst part of it was even when you wouldn’t hear it, but it was when you were expecting that.”