Family Noise

DISCUSSION: FAMILY NOISE IN CROSSBOW LANDING

Some Facts to Consider:

There is no minimum age restriction on Owners or renters in Crossbow Landing.
As the years pass, the demographics of our Owners and residents are changing. The complex, initially owned mainly by Alberta based absentees using their property for recreational purposes, is gradually becoming more of a permanent residence location of choice for families with young children. How far that trend will go is impossible to predict.
Our buildings are constructed mainly of wood. There is some soundproofing between floors and adjacent units, but it will not totally exclude loud noises, in particular low-frequency noises such as footfalls.
The buildings’ construction creates some situations where the layout of an upstairs unit does not match that of the unit directly below, resulting in the potential, for example, of a living area in one unit being directly over the sleeping area of a unit below. This is particularly possible between 3rd and 2nd floor units.
Depending on the unit, the original carpet floor coverings may not be of a high grade and are not especially effective in further reducing sound transmission.
In 2016 the Board instituted a floor policy that requires floor covering materials with a minimum total Sound Transmission Coefficient (STC) of 65 for any renovations. That required STC is higher than might be expected from at least some of the initial installation carpet floor coverings and is also higher than current code (STC=50).
The condo act and bylaws establish the right of ALL residents to peaceful enjoyment of their property.
All residents have an obligation to their fellow residents to limit the amount of noise of all types they generate, and to keep it within reasonable hours.
Very young children are especially difficult to work with to limit the amount of noise they generate. They have a low level of understanding of something as abstract as respecting people who are not visible. Their energy and effort goes into staying upright, not into such motor skills as moderating footfalls. They are prone to drop objects such as toys they are carrying.
The value of all properties in Crossbow Landing will be negatively affected by noise if the noise is such as to give the complex a reputation of being “noisy”.
Family noise is normally limited to usual children’s waking hours; between 7:30 am and 8:00 pm.

Board Activities:

The Board has investigated at least one complaint stemming from noise created by young children.
The internet is a source for large amounts of information and discussion on the subject of noise in condominium buildings, much of it focused on noise generated by families with young children. Several sources the Board reviewed are:
https://www.condoinformation.ca/problems/noise
https://www.rew.ca/news/noisy-neighbours-the-law-behind-condo-noise-complaints-1.1465860
This article contains two paragraphs that in the Board’s opinion appear to be particularly relevant to the family noise situation:

“From a legal perspective, making a noise that impacts another person’s quiet enjoyment of their property can be considered nuisance. The challenging [sic] comes down to figuring out what level of noise or interference is reasonable. We all experience life subjectively and what bothers one person may be entirely acceptable to another.”

“In British Columbia, the courts will normally try to establish whether the level of noise is objectively reasonable to the average person. The courts will look at the nature and frequency of the noise as well as the nature of the neighbourhood and the property. When a neighbourhood changes over time, this too must be taken into account.”

https://m.huffingtonpost.ca/raina-delisle/neighbour-noise-complaints-kids_b_6439600.html

https://www.mommyish.com/condo-board-fines-family-weekly-for-noisy-children/

Both of these articles point to a stated obligation on the part of child-related noise makers to take strong positive steps to successfully avoid sanctions against themselves.

The Board has implemented a policy regarding noise in general, and family noise in particular.

FAMILY NOISE COMPLAINTS

The Board shall be notified immediately of any noise complaint received by the Property Manager, and vice versa.
The Board or the Property Manager on its behalf will thoroughly investigate family noise complaints. Ideally complaints would follow exactly the procedure laid out in the Crossbow Landing Website.
Ideally, solutions would involve a combination of extra efforts on the part of the noise generators and some compromise on the part of the complainants.
The Board will levy penalties on unit Owners if in the opinion of the Board the residents are found to be creating a noise nuisance.
There are no absolute standards for any kind of noise, so each complaint will be investigated on its own merits.
It is the Board’s experience that early, respectful, face-to-face conversation may result in an understanding, eliminating the need for a complaint.
If a complaint is received the Board will expect (i) the complaint procedure on the Crossbow Landing website to be followed by the complainant, including at least one face to face meeting; (ii) the family being investigated will have undertaken specific and effective actions to limit the volume and duration of their family noise. If these are not followed, the Board’s investigation may take longer and may come to different conclusions.
The Board will consider alternate means of adjudicating noise complaints.
At its sole discretion the Board may seek legal support or opinions.
The Board will consider appeals of its decisions, based on information not available to the Board at the time of the complaint investigation.
The Board will thoroughly investigate any complaint and adjudicate if necessary before arriving at a final decision. In the Board’s experience the process of investigating a complaint regarding family noise will take at least three months and very likely longer.
There is no final resolution of a “normal” family noise situation; only closure on one event or series of events. Repetitions may result in more complaints.

CONSIDERATIONS IN FAMILY NOISE COMPLAINT INVESTIGATIONS

In investigating family noise complaints, the Board will consider the following factors:

Noise complaints, and particularly family noise complaints, are a common occurrence in North American condominiums.
Nuisance noise (loud parties, loud TVs or music, construction work carried out outside normal working hours Monday – Friday), are all matters that may justify a complaint. However, they are also more specifically identifiable and controllable than day-to-day family noise and are NOT the subject of this discussion and policy.
Family noise in general is considered to be normal noise associated with daily living and is partly or wholly the result of the presence of young children (under the age of 13). When no young children are involved and there are no unusual specific circumstances, the Board presumes that ongoing noise is almost totally controllable by the noise maker.
Perception of noise by an individual is a personal thing. What causes upset for one person will be tolerable to another.
When occasional family noise becomes constant noise, hour after hour, day after day, normal noise of daily living can become a legitimate nuisance.
Families do not have an unlimited license to label the noise generated by their children as “normal”.
As is the case with all noise, the realities of living in a common building require more noise reduction care than would be the case in a single-family dwelling. For example, the Board is already on record as asking for parents to avoid their children running in the halls; a relatively simple and feasible way to reduce noise generated by children.

Rev 2018-02-16