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Questions & info about the Motor Vehicle Act. Mature discussion only.

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Old 10-11-2011, 05:00 PM   #1
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Strata bylaws - Noise complaint

This week we were fined by our strata for a noise complaint. We had a housewarming the week prior and the cops came to tell us to keep it down. The cops told us the main reason why it was loud was because our balcony door was open (We need to keep the door open in order to cook because the smoke detector keeps going off. The landlord has yet to fix the hoodfan that keeps the smoke out of the place, we notified him it was broken 6 weeks ago) anyways we were fined $200 with no warning watsoever. In the letter it said there was another comlplaint prior that we were unaware of.

My friends told me that theres has to be a 1 warning from strata b4 they can fine us. Is that true?
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Old 10-11-2011, 05:50 PM   #2
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The cops came to your door. Did you not think that was a "Warning" of some sort?
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Old 10-11-2011, 05:58 PM   #3
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Strata fined us cause of our house warming party. I should say i recieved a letter a week later that i was fined.
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Old 10-11-2011, 06:07 PM   #4
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Just pay it, I wouldn't mess with strata... they could kick you out if they wanted to.
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Old 10-11-2011, 06:19 PM   #5
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Hand the bill to your landlord, tell him its a fee for not fixing the hood fan in an appropriate timeframe.

When that doesn't work (and it won't) then suck it up and pay it. You were noisy enough for the cops to come, so lesson learned.

Trick for the smoke detector: bag it. I get annoyed by mine and slip a plastic bag over it while cooking. Just make sure you remove the bag afterwards.
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Old 10-12-2011, 08:03 AM   #6
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just like my problem, i don't know if the problem now still existed....
noise problem
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Old 10-12-2011, 10:07 AM   #7
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Quote:
Originally Posted by RiceIntegraRS View Post
My friends told me that theres has to be a 1 warning from strata b4 they can fine us. Is that true?
If you are renting, it is possible that the previous renters had a warning. The Strata gives one warning to the owners only. Doesn't matter if the warning was for the previous tenants. That was the 1 warning.

However, in your case, because of the range hood not working and you have given them adequate time to get you a new one, then I'd say ask them to pay the fine because they didn't address the issue that you mentioned about the fan.
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Old 10-12-2011, 11:03 AM   #8
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The cops came nuff said
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Old 10-12-2011, 01:01 PM   #9
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did he disrespect your whole family?>
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Old 10-12-2011, 02:00 PM   #10
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You've been there for 6 weeks. I don't know how much of an asshole neighbor you are, but you caused enough of a disturbance to have someone call the cops. Don't any of your friends have a place to party?
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Old 10-12-2011, 04:29 PM   #11
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^ it was a housewarming. if OP partied at someone else's it wouldn't be his housewarming
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Old 10-12-2011, 04:50 PM   #12
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You've been there for 6 weeks. I don't know how much of an asshole neighbor you are, but you caused enough of a disturbance to have someone call the cops. Don't any of your friends have a place to party?
Ummm its the neighbour that called the cops that's the asshole. They could've just knocked on the door and most people who be apologetic and turn it down. We all make mistakes occassionally, we don't need to be calling the cops everytime. Instead people are chicken shit and call the cops.

I had this happen to me this past Christmas, drunk playing vids at a normal volume for the day without complaint - until the cops came at 4am. The officer even said it didn't seem that loud, yet it was loud for 4am and we should turn it down. It was an honest mistake, between being drunk and having started playing vids during the afternoon we didn't realize the noise level.

Instead of calling the cops and waiting the hour for them to respond, they could've just knocked, I would've apologized and turned it down. Thus they are the asshole.
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Old 10-12-2011, 05:00 PM   #13
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having the door open due to smoke alarm is not ur neighbours problem. if you were making noise beyond 11pm, just pay the fine, or battle it out with ur landlord.

when i was renting out my place, i had it stated in the agreement that, any fines incurred during thr stay will be charged back to the occupant.

if u or landlord rec. a warning before, the onus is on u or landlord

most buildings have party room, and u only need a liq lic. which costs $15.
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Old 10-12-2011, 08:34 PM   #14
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I have no real intention to battle it out with my landlord. I will bring it up the fact that the hood fan is a problem and needs to be fixed asap but i made a mistake and will end up paying for the fine. Hopefully he'll take on some of the fine. I just thought that i would have some type of leniency such as a warning before the strata went ahead and fined me. The only reason why i even brought up the hood fan/balcony door opening situation cause i knew some of you would just come to conclusion that i was just too loud and deserve to pay the fine.

Thanks for all the advice guys.
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Old 10-12-2011, 10:33 PM   #15
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request a copy of the strata laws. The noise complaint rules will be in there.

You as a verified renter is entitled to have access to it. In there will also be guidelines on how fast a landlord has to fix something. If not outlined by the bylaw, and if the rental was done through an agency, then the agency will have the outlines.

Usually there should be one - two warnings at your door before a fine, ESPECIALLY when there's a concierge on duty. The police could've been called by ANYONE.

You most likely made too much noise, but I would still clear things up by reading up the strata laws. The law is the letter in there, at least make sure it was properly carried out. No organization, including the strata, has the right to skip documented due process.

Good Luck.
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Old 11-05-2011, 05:25 PM   #16
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did he disrespect your whole family?>
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Old 11-26-2011, 01:09 AM   #17
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i think each strata has there own procedures. That said, most strata's will give a written warning before issuing a fine.
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Old 04-21-2012, 06:19 PM   #18
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under the Strata Property Act, a warning or even 2 warnings must be issued before a fine.
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Old 04-22-2012, 12:31 AM   #19
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under the Strata Property Act, a warning or even 2 warnings must be issued before a fine.
I don't see that, can you provide a reference please?
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Old 04-22-2012, 10:13 AM   #20
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I don't see that, can you provide a reference please?
Section 129 / 130 of the Strata property act


I took a seminar, where it was advised by the lawyer that the fines were thrown out in court as an owner was not warned prior to any fining. (also depends on your bylaws) The lawyer had preferred 2 warnings,

Also Patrick WIlliams, from Clark Wilson LLP mentions this:

Enforcing Bylaws and Rules Under the Strata Property Act

(last paragraph)

Division 3 Enforcing the Bylaws and Rules

Enforcement options
129 (1) To enforce a bylaw or rule the strata corporation may do one or more of the following:

(a) impose a fine under section 130;
(b) remedy a contravention under section 133;
(c) deny access to a recreational facility under section 134.
(2) Before enforcing a bylaw or rule the strata corporation may give a person a warning or may give the person time to comply with the bylaw or rule.
Fines
130 (1) The strata corporation may fine an owner if a bylaw or rule is contravened by

(a) the owner,
(b) a person who is visiting the owner or was admitted to the premises by the owner for social, business or family reasons or any other reason, or
(c) an occupant, if the strata lot is not rented by the owner to a tenant.
(2) The strata corporation may fine a tenant if a bylaw or rule is contravened by
(a) the tenant,
(b) a person who is visiting the tenant or was admitted to the premises by the tenant for social, business or family reasons or any other reason, or
(c) an occupant, if the strata lot is not sublet by the tenant to a subtenant.
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Old 04-22-2012, 10:44 AM   #21
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I still don't see where it says warnings are required.
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Old 04-23-2012, 08:02 AM   #22
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Talk to your strata and have them waive it due to the fact you're a new renter and they should waive it.
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Old 04-23-2012, 10:00 AM   #23
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I'm assuming this has been dealt with since the thread is from October of last year
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Old 04-23-2012, 10:45 AM   #24
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Yeah, and like I mentioned before, when you're renting, you have no idea how many times the previous renter had warnings. If they had warnings already, then when you rent, any infraction will end up being a fine because the strata warns and fines the owners so if the owner had a warning already due to the previous renter, then you're screwed even if it's your first offense.

I do tell the new renters whenever they move in that the first renters used up their warning for certain things already so that they do know.
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