Flat Chat Strata Forum Common Property Current Page

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  • #11403
    communityresident
    Flatchatter

      Hope someone may have some information on Common Property and access via unit access to garden directly.  Apologies for the long post on this but I hope providing more background may assist in a solution…

      We have a large common property garden that has dual access to front and back streets next located on either side of our apartment block.  The back gate is needed to be accessed by a security key from either side.  

      We have three ground floor units that have security bars and gate/door fitted to each of those balconies.  Two of those units have never used the gate / door fitted to the garden to exit the building.  We have one unit that is that is on the 3rd set of residents – the last two are renting from new owners.  I have lived in this block for well over 10 years and only these last 3 have ever used the access.  When we had noise problem with last tenant he slammed the door/gate that led to the garden common property area and then lied and said it wasn’t him.  This went on after 11pm sometimes and when asked said it wasn’t their unit as he was at home already at that time.

      The owners have no interest in stopping their tenants from using the access – in fact the R/E markets the unit with access to the garden from the unit.  However my partner remembers secretary we had saying the access was not to be used a fairly long time ago – well before the last two lots of owners and renters who have no interest in not using the gate – I suspect it is laziness and selfishness.  Why?  Their lift access inside the building is in fact outside their door virtually.  The front door access in in fact at the end of the hallway – less than 1 minute walk.  The back garden gate can be accessed from the front door  and then walking around in the garden – 1 minute walk on a path.  Also if the have a car spot – access to the garage exit from that which would in fact save them using the gate.  The last tenant did have access to the garage with a car but continued to use the garden access from their balcony.

      I believe the law is that you cannot lock the gate due to fire safety concerns fair enough but is there any standard law in place to stop people using the access other than for emergency and having to use a by-law or worse needing to get the landlord to act?

      Landlord is useless naive and and did not believe that their tenant was slamming the gate to their apartment last time.  I do not wish to speak to the landlord again as I think it is a waste of time as they obviously are not bothered themselves and they wish to put their tenants first.

      I do believe others are complaining to the tenants as I believe one of them told someone to go away by swearing at them.  The building next door who faces the unit I believe are being disturbed and we now have another tenant do not who banging on the balcony metal railing early in the morning I’m guessing for a bit of revenge.  The people who live around these people all rent and I suspect will not do anything but wait for one of the owners to do something.  Understandably those looking for units to rent at reasonable prices find it hard to get units so I think people try to ignore it when renting.

      We are more than several floors up and can feel the vibration and noise from the steel slamming.  Not to mention them waking our child up after 10pm.  The noise is amplified as there is a concrete wall as part of the boundary fencing not far away facing the unit.  It is quiet here at night during the week so the noise as you can imagine is annoying even when it seemingly is being shut is a normal manner.

      Any clues to getting it stopped permanently except in emergency?

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    • #28434
      Sir Humphrey
      Strataguru

        If the gate that is noisy to close is common property, then couldn’t the problem be fixed by the OC modifying the gate?

        If the noisy gate is part of the lot, then couldn’t the OC require the owner of the lot to modify the gate so that it can be used without making a loud noise? 

        Engineering solutions tend to be more satisfactory than regulatory ones! IE. if the gate is fitted with a soft closing mechanism, it won’t matter who uses it or when. 

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