BC strata forces owner to wallpaper condo | infonews
03 April 2022 – 07:00
Though often considered outdated, a BC man is forced to wallpaper his apartment after losing a fight with strata due to the noise his hard floors create.
Despite Ahmed Shafey’s argument that carpeting would exacerbate and aggravate his allergies, the stratum ordered him to remove his 15-year-old laminate flooring and replace it with carpet throughout his condo. The kitchen and bathroom are exempt from the rule.
Dissatisfied with the prospect of living in a fully carpeted condo, Shafey took the condo to civil resolution court in British Columbia to seek an order that would restrain the co-ownership from his claim.
According to the March 28 B.C. Civil Resolution Court ruling, Shafey purchased the condo in April 2021, and the previous owner had had multiple complaints and fines for violating the strata’s noise bylaws.
“Council members concluded that the unreasonable noise was due to a combination of the previous owner’s lifestyle habits and the 15-year-old hard floor,” the ruling said.
READ MORE: Kamloops stratum loses fight with tenant smoking on balcony: court
The ruling says the previous owner had tried to abate the noise, but had no luck and months before selling the condo, the condo had ordered the previous owner to replace the current flooring with carpeting.
The ruling says the diapers decided to give Shafey a grace period before fining him and enforcing his previous ruling requiring the condo to be carpeted.
While Strata had decided that the noise was a combination of the hard floors and “lifestyles” of the previous owners, the noise wasn’t any better once Shafey moved in.
The ruling says his neighbor in the condo below kept a daily log of the noise that continued after Shafey moved in.
Once the noise woke up the neighbor downstairs.
“I find such a noise unreasonable”, judged the Court.
The condominium also hired an acoustic engineer who did a complete assessment of the condo.
“From the report, I find that the floor of (Shafey’s apartment) has insufficient insulation against impact sound. So I find that the floor increases or causes the noise heard (below)” , we read in the decision.
Shafey argued that he could replace the hard floor with “softer sound-absorbing flooring materials“, but offered no explanation or evidence of what that would be and how it would reduce noise. .
Shafey also maintained that the carpet would aggravate his pre-existing dust mite allergies and included a doctor’s note as proof.
“However, the rating does not explain how much worse the condition would be, or whether certain types of carpet might be better than others,” the court said. ‘Further, although Mr Shafey claims he did not budget for the expense of moving the floor, he has provided no evidence or explanation of the cost and whether that cost would be a burden on him.’
In the end, the Tribunal sides with the strata, leaving Shafey to start looking at what color carpet he wants his apartment decorated with.
READ MORE: Vernon Couple’s ‘Pony Wall’ Costs Them $15,000 In Legal Battle With Strats
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