How to Deal With Noisy Neighbours in a Strata

It sounds like the boys living in the apartment below us have invited 20 of their closest friends over for a video-game tournament. A glorious symphony of hollering, electronic gunshots & explosions play for the next 6 hours. Later, the hockey game is on. It’s an important one & the volume needs to be cranked so loud that the boys have to shout over it to be heard. By the end of the game, all 20 boys have sufficiently medicated themselves to become thoroughly intoxicated. We can’t imagine what they are doing now but it sounds like the demolition phase of a renovation. Except for those boys who have wandered outside & are now yelling, chucking beer cans & urinating off the balcony.

Sleep isn’t friendly tonight.

However, seven AM comes early. The two little girls who live in the apartment above us are practicing their gymnastics routines. Their Dad doesn’t like being woken up either. He gets up & yells at the children to be quiet. But Mom doesn’t quite approve. Hence Mom & Dad’s argument, that eventually becomes heated. Screaming, stomping, slamming cupboard doors & finally a slamming bedroom door ends it. We can hear the children crying.

Studies have shown that residential noise (meaning noise from neighboring apartments, as well as noise within one's own home) can cause significant irritation & noise stress due to the great deal of time people spend within their residences. This can result in an increased risk of depression, psychological disorders, migraines, & even emotional stress. The U.S. EPA has provided a list of recommended noise levels in its Model Community Noise Control Ordinance, published in 1975. For example, the recommended noise level for indoor residences is no more than 45 dB.

Take comfort - you’re not on your own. There are laws in place within your building & within your city to help you achieve your quest for quiet.

Excerpt taken from an average set of Strata Bylaws in the Greater Vancouver Area:

(1) An owner, tenant, occupant or visitor must not use a strata lot, the common property or common assets in a way that

(a) causes a nuisance or hazard to another person,

(b) causes unreasonable noise,

(c) unreasonably interferes with the right of other persons to use and enjoy the common property, common assets or another strata lot,

(d) is illegal, or

(e) 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.

(2) An owner, tenant, occupant or visitor must not cause damage, other than reasonable wear and tear, to the common property, common assets or those parts of a strata lot which the strata corporation must repair and maintain under these bylaws or insure under section 149 of the Act.

(3) An owner, tenant, occupant or visitor must ensure that all animals are leashed or otherwise secured when on the common property or on land that is a common asset.

(4) An owner, tenant or occupant shall not:

(a) use his strata lot for any purpose which may be injurious to the reputation of the building;

(b) make undue noise in or about any strata lot or common property; and

(c) keep any animals his strata lot or the common property after notice not to do so from the strata council.

Excerpts taken from Noise Control Bylaw 5819 – North Vancouver City:

Quiet Area Sound Level

A person may make, cause or permit to be made, a continuous sound with a sound level during the daytime of 55 decibels or less, and during the nighttime of 45 decibels or less when received at a point of reception within a quiet area.

“quiet area” includes any area of the municipality where the absence of noise is of particular importance to persons in that area at any time, and includes any area within the municipality shown on Schedule “A” attached hereto; (the areas zoned residential were included in the quiet area shown on Schedule A).

“noise” includes: any sound, continuous sound or non-continuous sound which disturbs or tends to disturb the peace, quiet, rest, enjoyment, comfort or convenience of the neighbourhood in which such sound is received, or, of any reasonable person in the vicinity of the source of such sound who receives such sound.

A unit of loudness (volume) usually ranked between 0 dB (the threshold of human hearing) and 140 dB (the point where loudness can cause pain or hearing damage).

10 dB - Normal breathing

20 dB - Rustling leaves, mosquito

30 dB - Whisper

55 dB - Quiet office

60 dB - Normal conversation

65 dB - Laughter

70 dB - Vacuum cleaner, hair dryer

80 dB - Noisy city traffic

85 dB - Lawnmower

88 dB - Motorcycle

110 dB - Symphony orchestra

125 dB - Stereo

140 dB - Rock concert

145 dB - Boom cars

Take this seriously. You’re accusing another condo dweller (defendant) of excessive noise & subjecting him to a fine. There can be no mistakes.

Depending on how your building was built, sound will tend to travel vertically & diagonally, from both above & below or horizontally from the apartments on either side. This makes it difficult to discern exactly which suite any particular sound emanates from.

Quietly listen at the door of the suite that’s suspect to ensure that is indeed where the noise is coming from.

If the noise is ridiculous, as in the above example, call the police. However, that’s only a short-term solution. You’ll need something that will help over the long haul.

Compile, in writing, over seven days (consecutively or unconsecutively) the following:

• A description of the noise trying as much as possible to keep your descriptions objective. If need be, write what you believe is causing the noise in brackets.
• The date including the exact time of day or night that you hear the noise.
• Your location within your apartment when you hear the noise.
• If you hear music, & if you can, name the band & song or even some words.
• Keep your descriptions free of location (such as ceiling, floor, up, down etc.) as it is important to keep your identity confidential.

Work the above detailed information into a letter & mail or email it to your Property Management Company. By law, they have to present it to the Strata Council & forward a letter of warning to the defendant with an invitation to either: write a defense/admission letter, or attend a Council hearing as per Strata Property Act 135 (in British Columbia).

Such exacting information will help tremendously, as it will go a long way to:

• Quash notions of denial & stories of innocence on the part of the defendant.
• Educate the defendant on how much noise is respectful.
• Startle the defendant into changing her/his behavior after the first warning letter.

As per the privacy act, your identity must remain confidential.

If the problem is not rectified, continue to compile information, sending the details in letter after letter to the Property Management Company. After the initial warning, the defendant can be fined once every seven days.

There’s all sorts of advice about doing the neighbourly thing. Advice about politely & courteously explaining to your neighbour that his noise is bothering you.

NEVER APPOACH YOUR NEIGHBOUR!

At first glance this might seem cowardly. It’s not. People turn at the drop of a hat. Even reasonable folks will retaliate when confronted & criticized, no matter how polite you try to be. If you complain to your neighbour even once, all subsequent complaints, whether they are made by you or not, will be blamed on you. By approaching your neighbour even one time, you make yourself a target.

You have every right to a reasonably quiet home. You’ve done your part by explaining the problem with a detailed list that doesn’t leave anyone guessing. Then you’ve sent this list through the appropriate channels allowing the people who are trained to handle these issues, deal with them properly. The defendant never needs to know who he’s bothering, only what he’s doing to be bothersome.

Good luck!

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