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. 

Civil Resolution Tribunal

Regardless of whether you are a first-time buyer or moving up the property ladder, getting pre-approved is the very first step to make your new home purchase a realty. It’s also one of the most important choices you will make early in the process. It can have a huge impact in the end. 

Let me explain why this is so important. Most people walk into their Bank and ask to be pre-qualified for a Mortgage. They are handed down to a Bank Employee who helps them out and gives them a rate. They walk away feeling happy that they have accomplished the first step towards buying a home. Truthfully though that may not be the case.

Not All Mortgage Brokers Are the Same 

First, let’s talk about the fact that not all Mortgage Brokers are the same. There are 2 types: ones that work as employees for a bank or credit union and work bank hours. Monday through Friday 9 to 5 and can only offer you a handful of Mortgage products that their bank carries. There is no motivation or hustle to work for you or give you their best as they are in a secure line of work, they have a captive audience as they know people are brand loyal and very rarely do they lose customers. Therefore, banks can treat you poorly and you take it. I’ll give you an example.

I’ve done my personal banking with a major Canadian bank for 25 years. I came across an add that they would offer new clients an iPad. I walked into my branch and asked them for an iPad since I had been a loyal client for 25 years. They politely declined and told me that was for new clients only. That didn’t seem fair so I said “fine, close all my accounts, give me my money, I will walk out the door. Then come back, reopen my accounts and you can give me an iPad” they laughed. Seriously….true story. That is a prime example of how your bank is going to treat you with a mortgage rate, not the best.

Independent Mortgage Broker

Then the other type of mortgage broker which is the kind we prefer: An independent mortgage broker. The ones that work for themselves and can shop around for the best mortgage rate and the right mortgage terms for you and can get any mortgage products from any small and major lending institution including your own bank. Also, they should work for you and respond to your inquiry fast and efficiently. They will take your calls or respond to your emails during weekends and evenings if need be as they work for you and not a major bank and bank hours.

This is critical when it comes time to the actual writing and negotiations of the contract of purchase and sale. There might be some important questions you have regarding your financing and if the person you chose to work with doesn’t work evenings and weekends (which happens to be the times when most deals and offers are negotiated) then you are not going to get your dream home. 

Not A True Pre-Approval

Now to explain that critical part where perhaps you did not get pre-approved. Most banks don’t pre-approve you; they make sure your info on their data is correct, give a rate and not explain to you that all the work that needs to be done will not be done until you have an accepted offer. Likely they will need AT LEAST 5 business days to complete the task. This is not the strategy to win multiple offers in this crazy market. If you work with an Independent MB they would have put in time and effort to give a proper pre-approval. They would most likely be able to satisfy those conditions in 2 days. In some cases if your financial situation is very healthy then they might not need any time at all. This is the type of professional you want to have to secure a home in this market.

Choose Your Real Estate Team Wisely

The most important thing to remember is that everyone who you pick to be part of your Home Buying team (real estate agent, mortgage broker, home inspector, insurance agent and lawyer) must give you great service and advice. Period. They need to work hard for you and give you their best. So next time you walk into your bank ask yourself, are they working their best for me? That should give you the answer you need to decide if they should oversee mortgaging your next home.