Reply To: Tenants using garage as home gym

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04/06/2024 at 12:15 am #74571
TrulEConcerned
Flatchatter

    Summarising the parts of @Quirky’s and @Jimmy’s opinions that I like, and going a step further may I suggest:

    1. 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);
    2. Suggest he places far more flooring insulation to muffle the noise of the weights. And that you want that done by a certain date;
    3. 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;
    4. 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;
    5. 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;
    6. 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.