Congratulations, you have bought a new home! At some point one of your neighbours becomes a nuisance by making an unreasonable amount of noise that affects you. Sound familiar?
We are often asked about the issue of noise from the neighbours. It has more frequently been brought up during the pandemic as more people have stayed working from home. We are focusing on Strata as Strata living is where the confusion on how to move forward comes from.
Right to Quiet Enjoyment
When you buy Real Estate, the law says you have the right to quietly enjoy your Real Estate. When living in a Strata, it’s reasonable to expect some noise as there are other individuals living around you. Strata owners still have a reasonable expectation to enjoy their home. Noise should be considered an issue if it is in violation of the Strata’s Bylaws or is affecting your health.
The first thing to do is to consult your own Strata bylaws to see how they define unreasonable noise. Keep in mind your neighbour has the right to enjoy their home, just like you. That can be difficult to define, and every Strata may phrase it differently in their bylaws.
Speak with your neighbour
If you feel the need to take issue with the unreasonable level of noise, the first step is to ask (very friendly and politely) the noisy neighbour to quiet down. It’s common for people to not realize that they’re making too much noise. Be polite but be specific about where and when the noise is coming from. Don’t be afraid to approach them a few times as change needs to be reinforced a few times. Make sure to document such efforts as part of your proactive diligence. This will come in handy later if needed as it shows good faith and patience on your side.
Formal Complaint
If taking the friendly approach does not work, the next thing to try is filing a formal complaint to Strata. When preparing your complaint, try to provide as much evidence for the noise disturbance as possible. Noise issues can be difficult to prove since the people to whom you’re reporting them aren’t present to hear the noise. The key is to document. It is essential that you record every incident. Keep a log of the noise, including the time of day, location, type and duration of noise.
Let Strata know you have been proactive and tried to resolve the issue yourself first. They will appreciate that. You can also ask a representative of the Strata (either the strata property manager or a member(s) of Strata Council) attend at your home to hear the noise firsthand. You could purchase specialized noise equipment to measure and record the decibel levels to assist in a claim. That would be used in an extreme situation.
Bylaw Enforcement
Now here is the key: ALL Strata Councils are required to enforce their bylaws. Read that again. If your noise complaint alleges that a fellow owner is violating the bylaws, the board has a duty to investigate. If they don’t there are serious consequences. (This will come in handy later so keep reading). In a recent tribunal decision, a strata council was ordered to pay $2,000 in damages to an owner who had been complaining about excessive noise. The complaints had been frequent, and the affected owner experienced significant disruption to sleep and use of her strata lot. So don’t be afraid to continue to reach out to Council.
The strata council investigates to determine if the complaint is credible. The council informs the offending party of the complaint. The offending party can then respond in writing or request a council hearing where the matter could be resolved. Further investigation could be required, or penalties could be imposed.
Civil Resolution Tribunal
If an offending party is unwilling to resolve the situation, the strata council can ask the Civil Resolution Tribunal for a decision ordering the offending party to comply with the bylaws and pay any penalties. The CRT is an online tribunal [in BC] that resolves strata and small claims disputes of up to $5000. The CRT is designed to be used by all parties without the need for legal representation. It encourages collaborative dispute resolution rather than the adversarial system in the courtroom. If the complaint goes in your favor and Strata Council has determined that a breach of a Bylaw or rule occurred, the Council may impose a fine against an owner or tenant and hopefully the lesson is learned, and it all ends there.
However, if your complaint has been rejected by the Strata and they have decided not to take any action, it’s time for the next step: bring your complaint to a higher authority. If Strata Council is unwilling to take steps to mitigate the noise you may consider commencing an action with the CRT. Remember when we asked you to read that sentence twice? Make your Strata Council accountable. They are there to help deal with these situations but if you have a non-proactive council, you owe it to yourself and other owners to change that.
In our experience most neighbours become better neighbours when they recognize they are doing something that is bothering another neighbour so have a conversation first. If things don’t change now you know how the system works and how you can move forward dealing with it.