[amber2121]

So a bit of an update and plea for help. I read the previous comments re: legislation and admit I’m a bit overwhelmed trying to figure it all out. However, late last week I emailed the strata manager in desperation, she was sympathetic when I spoke to her earlier and she had spoken to the owners about having to get the dog trained and insisting the OC issue the Notice to Comply.

It’s been 8 months, the dog is not trained, and the day before I sent the email it barked 400 times in less than 4 hours. I requested the SM’s assistance with next steps, NCAT application etc. Her emailed response today:

“Unfortunately, as this is not disturbing other residents, you will need to take the tenants to the tribunal directly.  There is not much more we can do here.”

I think I need to call her, but honestly, is this our only option? I thought if the residents were in breach of the NtC the OC could apply to NCAT, but I guess they don’t care. If it’s true that it’s not as issue if only one resident is disturbed, then given we live upstairs from the dog owner, is it okay for my child to play basketball on our timber floor at 6am? After all, it wouldn’t bother anyone else 🙁 We don’t let them, obviously, but it’s tempting…

[amber2121]

I’ve never suggested any punishment against the dog (though I’ve thought it on horrendous barking days!), it was the SM who floated several ideas. It is absolutely the dog owners at fault – the dog is treated like an accessory, and they are not the most considerate of neighbours in other ways either.

Meeting last night, SM insisted action be taken given the evidence I provided. The SM did speak with the owner before the meeting and pointed out that if they don’t deal with it then the dog could be ordered to leave, as the evidence we have would be a slam dunk case. SM and OC decided the owners have the option to provide evidence of training or whatever is required to stop the barking (I need to provide an acceptable timeframe – maybe before next meeting, 1 month, to see improvement?) and if not NCAT. There was some mention that we could take them to NCAT, but I’ll be insisting the OC does.

It’s not exactly the swiftest outcome I was hoping for, but I figure it makes us look reasonable and compromising, and if it does work then problem solved. I am a little concerned about retaliation (they’ve already made false allegations in trying to deflect from this issue) but we will deal with that if it happens. Really appreciate all the advice here, and I’ll keep you posted.

[amber2121]

Thank you so much for his Jimmy, very much appreciated. Thankfully the strata manager is very sympathetic and we had a lovely long chat as she didn’t know the history, she’s new to our block. There was no deadline as far as I know, as it was under the noise bylaw so it was effective immediately. But it’s been 2 months, long enough! And they’re not taking it seriously, based on things we’ve overheard them say.

That’s pretty pathetic for a fine amount, not much disincentive. But I’ll email the SM to request NCAT application, assume this would be considered at next meeting (March). You’re right, nothing will happen in a hurry, but I’ll definitely keep on it.

Once again, thank you so much for your help! And for use of the word “miscreants”, not used often enough these days 🙂

[amber2121]

Just thought I’d provide an update (and seek further advice). So the NtC was issued in December, the residents+dog were away for nearly 3 weeks over Christmas. Bliss! Not so much since they returned. I thought I’d give it time, have kept a diary for most of the last 2 months and can see that there is some slight changes – several days of the week no barking (dog must be elsewhere) and they’ve put up some balcony screens (dog can still hear activity so makes no difference).

But no training of the dog, and in fact they don’t even bother to shush it anymore. Nice quiet Sat morning here today, dog has barked 200+ times in the last 2 hours, residents are home.

It’s listed on next week’s Committee agenda to discuss the issuing of the notice, so I spoke with the strata manager. Apparently the owners feel “picked on” because of this and the previous notices re: their unapproved noisy renovations. Far out. I was willing to let the strata manager deal with it, she’s going to talk to them about other methods (training/bark collar etc) but after this morning I’m so done. Do i just submit an email to the Committee to request going to NCAT? Or just provide confirmation the breach is still happening? They issued the Notice under the noise bylaw, not the keeping of animals bylaw – does this matter??

Sorry, so stressed 🙁 Thank you.

[amber2121]

Thank you so much for this, Jimmy. (I thought I had replied last week, not sure what happened there). I took your advice; I emailed requesting permission to speak to the motion and got no response. So I just dialled in to the meeting to hope for the best. Glad I did, you were right; they tried to say “just send a warning letter.” I pointed out they had already done that, had already declined to send a NtC last meeting, and as the issue had not improved could they please send a NtC. The strata manager was great, she said yes we should, and the Committee agreed. SM did say it could take a while as they don’t know the dog owner’s name because their parents own the unit and are in contravention of some rule and haven’t provided their tenant details since May. And acknowledged how difficult the owner is over other issues.

Apart from the delay, my other concern is the SM said it needs to be a breach of bylaw 1 (Noise), where I had requested under the bylaw around keeping of animals. I don’t know if this NtC would satisfy further action being taken under section 158 of the Act if the dog continues to be a nuisance?

[amber2121]

Thanks for all your help Jimmy. Just wanted to provide an update: I emailed all of the strata committee members with a nicely worded letter indicating our disappointment at the decision not to issue a Notice to Comply given the issue was still ongoing, with a dot point list of examples and impact of the barking. Requested a NtC be issued. No response to me directly, but agenda for the next meeting has an item stating that a NtC will be issued due to “continual breaches” of the bylaws.

Should this go ahead, what can I likely expect and what should be my next steps? Assuming it doesn’t get better, do I just email the Committee before the next meeting? Just want to keep ahead of the issue. Thanks 🙂

[amber2121]

Thank you so much, Jimmy. Good to know that the Notice to Comply bypasses the mediation requirement – I’m assuming this means if the dog owners were to ignore the NTC (ie continue breaching the bylaw) then it can go to NCAT, either myself or the Committee?

At the building manager’s request I’m emailing the Committee to query their reasoning for not issuing the NTC, a friend advised I should start with honey rather than aggro! And make them realise I’m the reasonable resident, just trying to live peacefully but bylaws are being breached making that difficult.

I’m still gobsmacked that the dog’s owners are happy to listen to it bark hundreds of times a day…

[amber2121]

sorry, I just re-read your post Jimmy, are you saying you’re preferred action would be to take the Committee to NCAT? If so, are they supposed to just issue a Notice to Comply because we’ve complained and documented and they said they would at the last meeting? I guess I’m wondering what the Committee has to take into account (eg does it have to multiple complaints vs one, etc).  Thanks, and sorry if I’m being dense.

[amber2121]

Thank you so much, Jimmy. It’s doubly frustrating because they have no problem issuing Notices to Comply for other other dog owners and wayward vehicles. But it’s a small dog and downstairs neighbours only have one wall adjacent to any other units (their spare room), so when inside maybe other neighbours can’t hear the dog or aren’t bothered. I am so confrontation-avoidant I dread speaking with other neighbours but I’ll see what I can do.

The owners (dog owner’s parents) were already breached before anyone moved in due to undertaking noisy renovations on a day different to that approved by the OC, and they left their own dog in the apartment for 3 days with the yappy one and they both barked literally non-stop each day. Owner was called often but still only came back in the afternoons and left again the next day. They’re the ones who babysat the yapper and let it bark on the balcony at 6am on the weekend – while we were asleep of course. And now they are lying saying we are the trigger for the barking?! Infuriating. We live above them, they don’t seem concerned about trying to make an effort given all the noise we COULD be making.

I have nearly 3 months’ worth of daily diary entries of times/frequency/triggers of the barking, and several videos and audio recordings. I will take more. Our bylaws state that
“Each lot owner and occupier is absolutely liable to each other lot owner and occupier and their respective guests and invitees, for any unreasonable nuisance, noise or injury to any person or damage to property caused by any Animal brought or kept upon the parcel by the lot owner or occupier or by its invitees.”
So I guess the OC is choosing to ignore this?? Thank you for the quote from the Act, too, that is very helpful.

So mediation first may be the way to go? Is there any point contacting Council/ranger as well?

[amber2121]

Thank you very much for your responses, it’s very helpful. I’ve been keeping a diary for the last few weeks, and will continue to do so. I’ve also scoured the bylaws and found no renovations for the unit upstairs (they’re all recorded as special by-laws).

However I did do a search on real estate sites for the unit and it was last sold in August 2018. No rental history since then (so unless rented privately, assume the owners reside there). And in the photos on the website it shows the unit as fully carpeted except for kitchen/bathrooms. The carpet is the same design as in our bedrooms which is original when the apartment block was built.

So either (a) the carpet was ripped up and replaced between Aug 2018 and Dec 2020 (when we moved in) with no approval or (b) they are so heavy footed and careless that the sound is travelling through carpet! It actually is a muffled type noise (we don’t hear shoe noises or voices/TV) so can only assume the latter. I’m going to guess this will make it even harder to rectify. But honestly this morning it sounds like a herd of elephants stamping around up there.

I think I will re-write to the Committee and request confirmation of any flooring renovations, but also to reiterate that it is likely resident behaviour and possibly not the flooring that is the issue. Though of course if the carpet & underlay are 15 years old they’re likely worn down anyway. Between that and the yappy dog downstairs that barks 500+ times a day I’m really not enjoying our new place 🙁

[amber2121]

We’re also prepared to get soundproofing done if it actually works…

[amber2121]

Thank you so much for your response.

Yes I guess I do want the SC to help fix this, though I should probably try and address it with the neighbours again. They have literally not stopped thumping around for the last hour while we try and work from home (as if the 7 hours of constant jackhammering/grinding noise from the repair work they’re doing on one of the other unit blocks wasn’t enough for today!)

How do I get the SC to commit to helping with this issue, just a letter using your points above (which sound good, thank you!)? I still don’t have a response from the last meeting, and in the minutes it specifically said one of us residents will be paying. I just assumed we could push the noise and flooring bylaws and maybe end up in mediation. Thing is, there’s an issue with dogs barking and parking and are very happy to issue Notices to Comply, I’m honestly confused why this is any different.

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