Question: Does a resident’s right to peace and quiet in a lot (as stipulated in a bylaw) mean that people using a carpark area right outside a lot must keep their noise to a reasonable level?
Answer: In our view, noise must be kept to a reasonable level.
The standard noise by-law covers this, so yes, in our view they must keep their noise within reasonable levels:
An owner or occupier of a lot, or any invitee of an owner or occupier of a lot, must not create any noise on a lot or the common property likely to interfere with the peaceful enjoyment of the owner or occupier of another lot or of any person lawfully using common property.
The fact that your particular by-law states “the property of the resident” suggests that the car space may only be used for storage of the vehicle/property of the resident’s lot, so, provided that these truck are delivering the resident’s property, they might be in compliance with the by-law on that front but in breach of the standard by-law for the excessive noise being caused. The noise may also constitute a “nuisance” under the strata legislation.
Please note that this article is provided for information purposes only and is not a substitute for professional legal advice.