Is a violation of section 135(3) of the noise bylaw required to be met by the Strata Plan VR 2000?
British Columbia, Canada
The following excerpt is from Wright v. The Owners, Strata Plan BCS 4303, 2021 BCCRT 1161 (CanLII):
34. It appears the strata considered the noise complaints a “continuing contravention” of the noise bylaw as indicated in SPA section 135(3) and therefore considered it appropriate to dispense with the procedural requirements. However, noise violations observed on different dates are serial contraventions, not continuing contraventions, and therefore a fine may be imposed only if the section 135 SPA requirements are met in each instance: see Strata Plan VR 2000 v. Grabarczyk, 2006 BCSC 1960 at paragraph 43, appeal dismissed at 2007 BCCA 295.
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