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Balmer disagreed with Westerby’s complaint about the “nuisance” hum and vibration from the hot tub, saying she followed strata installation requirements. Balmer said a Styrofoam wall she installed made the hot tub “reasonably quiet.”
Westerby complained that the Styrofoam didn’t fix the problem and was “unsightly,” and he wanted it removed. The tribunal referred a decision on the wall to the strata council.
The dispute dates back to early 2013, when Westerby first complained, about a year after Balmer installed the hot tub. Last year, the strata council said his claim of excessive noise was “unfounded” because it had been reduced to an “acceptable level,” thanks to the soundproofing. But Westerby never accepted that, Gibson wrote.
Earlier this year, about the same time COVID-19 hit, a wind storm blew down the Styrofoam wall, and Westerby complained again but this time the strata said it wouldn’t get involved.