Strata can set reasonable times for noisy activities

Dear Tony: What is considered reasonable noise or disturbance? Our townhouse community has some design issues. Vehicle parking is next to the front of each unit or in the garage, and our sound insulation between homes is minimal. As a result, our municipality has to deal with frequent complaints about stopped cars, loud music, exercise equipment or hobby shops.

The municipality does not want to intervene in the lives of residents, but this is developing into an issue of harassment, abusive behavior between owners and violent conflict in a single incident. How can the council resolve this?

Jennifer L.

What may be reasonable noise in one complex may not be acceptable in another. There is no plan for noise or disruptions in a stratified corporation. Each corporate stratum must evaluate the circumstances and behavior 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 unwilling to respect their neighbors. The standard statute of the law states the following:

Use of Property: An owner, tenant, occupant or visitor shall not use a strata lot, common property or common property in a way that causes a nuisance or danger to another person, causes excessive noise, unreasonably interferes with the rights of other people to use and enjoyment of the common property, common property or other strata lot is unlawful or is contrary to a purpose for which the strata lot or common property is intended, as demonstrated expressly or by necessary implication in or by the strata plan.

While this is a starting point, remember that the Civil Resolution Tribunal and courts will also consider the application of statutes that have been adopted by strata companies to address local conditions and construction projects. Bylaws that address local design issues, such as location of parking spaces and stopped vehicles, may be a solution for your community. In some areas, local governments have also adopted statutes that limit the time and location allowed for vehicle idling and warming up.

Residents who consistently violate noise or disturbance often respond in a hostile manner and are unwilling to change their behavior. Occasionally, strata councils may impose fines and may be required to enforce their bylaws through the court or tribunals.

Noise sensitivity is also an issue that companies face. There may be insufficient sound insulation between floors or boundary walls. Residents are required to exercise a certain level of tolerance in these circumstances. They will hear closet doors opening and closing, washing machines, vacuum cleaners, television, stereos, and musical instruments, but the strata corporation may also set reasonable times for these activities in order to promote reasonable behavior in their communities. .

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Tony Gioventu is executive director of the Condominium Owners Association