- This topic has 3 replies, 4 voices, and was last updated 4 months, 2 weeks ago by .
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One of my neighbours(he’s a renter), has turned his garage into a home gym.
Heavy Weights clanking down on the garage floor from 8:30am on weekends.
I noticed he has put a big mat on the garage floor(possibly to reduce noise/or not damage the floor) but it’s not making much difference…
The garage is below me. The concrete slab might have cracks or is thin(poor acoustics, hence the noise travelling upwards) as it’s an older building.
It’s very annoying getting woken up by this unwanted noise/vibrations on weekends. It’s a lock up garage, not a gym.
I don’t oppose 11am gym workouts in that garage on weekends, but 8:30am starts is unreasonable in my view.
Wanted to see what rights I have here eg regarding complaints.
Garages are common property, and gym workouts aren’t Strata approved common property works obviously…
- This topic was modified 4 months, 3 weeks ago by .
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You need to check your by-laws, to see which by-laws (if any) this behavior is breaching. Some buildings have by-laws that restrict how the parking lots are used (ie, just to park a vehicle). In some buildings the parking lots are owners property, in others, they are common property, and commonly, if common property there may be an exclusive use by-law registered that has a result that the common property parking bay becomes the owner’s property. It’s complicated.
The Owners Corporation has more say in how the area is used, if it is common property. But what can be done will depend on the actual wording of a by-law. (You can also consider getting a new by-law adopted to regulate the activity – see a strata lawyer about this, if you are interested, and not adverse to spending money on that.)
The best approach is to make a noise complaint. An owner cannot damage the amenity of other owners to enjoy their property (I’m paraphrasing), so just like someone smoking with the smoke penetrating your Unit, or playing loud music to upset your amenity, you would have a reasonable chance to get an order to prevent this. But you need evidence on the harm being done to you, not just a complaint. Maybe talk with a strata lawyer?
The best approach is to make a noise complaint.
The best approach is probably to ask the gym guy if he would mind changing his exercise times. If he responds negatively, then he can be told that there are ways of making this happen that could conceivably result in his garage gym being shut down. If he still tells you to get stuffed, THEN you pull out the big guns. We don’t have to go to war every time there’s a minor dispute.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
- This reply was modified 4 months, 3 weeks ago by .
Summarising the parts of @Quirky’s and @Jimmy’s opinions that I like, and going a step further may I suggest:
- Ask the gym junkie if he could work out at another time (tell him the times that suit you best eg after 9am or before 7pm etc);
- Suggest he places far more flooring insulation to muffle the noise of the weights. And that you want that done by a certain date;
- If he cannot or will not change his routine or equipment to accommodate your reasonable request, then ask your strata manager to send him an informal “breach of by-law letter” that outlines his obligations under the Strata Act in respect of the by-law on NOISE. Quote the by-law in the letter. The letter should make clear what problems have been caused by him and how that conflicts with his duty to abide by the by-law on noise;
- After instructing the strata mgr to send that letter, review your by-laws on car parking to establish if it mentions only cars can use the space. This by default prohibits anything else being done there. If he is breaching the by-law on the garage, you could send him another”breach of by-law letter”. This time in respect of the GARAGE by-law;
- If the garage by-laws do not explicitly prohibit any other activity from taking place in a car space or garage, ask your strata committee to consider making such a by-law. They’ll need to consult a strata lawyer, like those supporting this website;
- If say 2 weeks after the letter on NOISE was sent, the noise continues, you should get the strata committee to agree to send him a Notice to Comply with By-law (on NOISE) and another Notice to Comply with By-law (on GARAGE). The process is one NTC per by-law allegedly breached. This makes clear that failure to comply may result in him being taken to the Tribunal.
Note: (1) Whatever you say to the gym junkie or strata committee members, follow it up BY EMAIL. Otherwise one day someone may say that they were never told about your concerns; and (2) Letters in (2) and (4) and notices in (6) should be sent to BOTH the offending party (tenant) and the owner of the premises.
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