@peaceandquiet said:
I’ve obtained the OC’s ‘Special Rules’ and yes, there’s a universal rule about noise as follows:10.1 A Proprietor or Occupier of a Lot must not:
(a) create any undue noise, odours, vibrations or behave in a manner likely to interfere with the peaceful enjoyment of the Proprietor or Occupier of another Lot or of any person lawfully using Common PropertyOn the basis that the above rule is being breached, can we break our lease?
I doubt it. “Peaceful enjoyment” in the OC Act doesn’t have the same meaning as “Quiet enjoyment” in the Residential Tenancies Act. The latter actually refers to landlord interference.
And you would have to establish, by a ruling, that the OC’s Special Rule is actually being breached.
It might be a bit of a process, but your option is to fill out the Owners Corporation Complaint Form and get it started:
That’s only a few minutes work. Or get your agent/landlord to do it. They might become more keen to help if your only other option is to break lease. The OC must respond to the complaint. Possibly by sending a formal Notice to Rectify Breach to the noise makers. Possibly by organizing a grievance meeting. Following the required 3 step process.
Don’t forget that you can break lease at any time: