Dear Tony: What is considered reasonable noise or disruption? Our townhouse community has a few design issues. Vehicle parking is adjacent to the front of each unit or in the carport, and our sound proofing between townhouses is minimal. As a result, our council has to deal with frequent complaints about idling cars, loud music, exercise equipment or hobby workshops.
The council doesn’t want to intervene into the lives of the residents, but this is evolving into an issue of harassment, abusive behaviour between owners, and violent conflict in one incident. How can council address this?
Jennifer L.
What may be reasonable noise in one complex may not be acceptable in another. There is no blue print for noise or disruptions in a strata corporation. Every strata corporation has to evaluate the circumstances and behaviour of the parties to consider their actions. While no one wants to impose fines and penalties, this may be the eventual recourse for individuals who are not willing to respect neighbours. The Standard Bylaws of the Act sets out the following:
Use of property: An owner, tenant, occupant or visitor must not use a strata lot, the common property or common assets in a way that causes a nuisance or hazard to another person, causes unreasonable noise, unreasonably interferes with the rights of other persons to use and enjoy the common property, common assets or another strata lot is illegal, or is contrary to a purpose for which the strata lot or common property is intended as shown expressly or by necessary implication on or by the strata plan.
While this is a starting place, remember the Civil Resolution Tribunal and the courts will also consider the application of bylaws that have been adopted by strata corporations to address local conditions and building designs. Bylaws that address local design issues such as the location of parking spaces and idling vehicles may be a solution for your community. In some areas, local governments have also adopted bylaws that limit the time and location permitted for vehicle idling and warm ups.
Residents who are constant violators of noise or disruption often respond in a hostile manner and unwilling to change their behaviour. Eventually strata councils may impose fines, and may be required to enforce their bylaws through the tribunal or the courts.
Noise sensitivity is also an issue strata corporations are faced with. There may be insufficient sound proofing between floors or boundary walls. Residents are obliged to exercise a level of tolerance in these circumstances. They will hear cupboard doors opening and closing, washing machines, vacuums, television, stereos and musical instruments, but the strata corporation can also set reasonable hours for these activities to promote reasonable behaviour within their communities.
Tony Gioventu is executive director of the Condominium Home Owners Association
