Q: I’m a condo owner and my next door neighbours (renters) have a toddler who screams at all hours of the day. This has been going on for almost three months now. The screaming occurs both in the day time, and regularly from midnight until 2 a.m. I have been woken up by the screaming and crying, and I have tried everything to solve this problem, including talking to the neighbours to see if they could move their child into another room, as well as move my own bed into my living room but nothing has seemed to help I wear earplugs and tried to soundproof my doors with door stoppers to fill the gaps between the door and the floor, as well as moving shelves along the adjacent wall. This didn’t help either. I’m now faced with a daily disruption of my sleep and will be complaining to my building manager — again. Is there anything else that can be done (short of moving out of my unit)? Would they or their landlord be responsible for soundproofing their side of the unit?
A: You raise an interesting point and a very touchy situation with respect to condominium living. Although I have written about noise from neighbours before, I think you lengthier explanation gives our readers are real feel for what it is to live in a home that you own but makes you feel like you have no more rights than if you reside in an apartment building.
Let’s face it, small children cry. I think the hinge here is your position as an owner with your pursuant rights to quiet enjoyment and a tenant’s same right.
Obviously, they are intruding upon your rights and you need to make this abundantly clear to the board of the condominium corporation. The owner/ landlord has an obligation to uphold your rights of quiet enjoyment and you have every right to properly express your disappointment and attempted mitigation (making the best of a bad situation — moving your bed?!).
Your first step is to put your concerns in writing to be board (no more calls to the manager) in a concise and manageable manner. Also, if you are affected, some of your other owners must also be affected. Canvass their support. Once before the board, the owner’s interest should always trump those of tenants.
