Nuisance
THANK YOU SO MUCH FOR SHARING THIS LETTER!!! I think it is worth more than it's weight in gold as evidence for the CRT, and I'd phone the author with a huge thank you!
Your bylaws are worth much more than the paper they are written
on. The strata council is legally obligated to remedy the contraventions of both the
use of property bylaw and your underlay sound rating bylaw.
Under no circumstances is your neighbour entitled to create
a nuisance or assault you with needless noise that unreasonably interferes with
enjoyment of your property as purchased. Your strata council's failure to take
remedial action as statutorily mandated is creating another nuisance, which is
in itself another contravention of standard bylaws.
It sounds significantly unfair to expect innocent law abiding victims to absorb the relentless nuisance that others acting unlawfully for the frivolous sake of fashion are RESPONSIBLE for causing.
It is well known that replacing carpets with hard surface
flooring in upper units creates noise problems for the occupants below and that
statements made to sell products are often misleading. Further to that, even
though there are no penalties, the duty to compensate for causing the nuisance
falls on the perpetrator, not on the victim. The perpetrator also has power and
control that the victim doesn’t have.
Perpetuating foreseeable and easily avoidable nuisance in
full knowledge of the harm to others is standard practice for churning up
dispute related add-ons throughout the strata industry. It's worse than disgusting,
it’s sickening.
In the whole of the circumstances, this sounds like a form of domestic abuse that you shouldn't tolerate.
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I don't know, but I think the age of the building may be relevant also. What may be appropriate in a new concrete high rise could be totally unreasonable in a 50-year old wood frame complex. NAME1 and NAME2 might know more about this aspect. I know some of those places on Saturna Drive have been there quite a while, and if redevelopment is on the agenda that can distort thinking - but not the law.
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