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Need Help / Advice

Alistriwen

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Hi folks, hope this is the right area for this post.

I need some help solving an issue I've been facing for the past several weeks. I have been renting a unit in a condo for 4 years now. During that time, I've generally really enjoyed living here and had a pretty good experience overall. Recently, a new couple bought the unit above me and moved in at the end of April. Since that time they've done some extensive renovations to their unit which have substantially altered the circumstances of my unit. For one thing, they replaced their toilet improperly which resulted in flooding of my unit on two occasions and they've also made some sort of change to their flooring which has increased sound transmission so much that I can now hear footsteps very loudly in my unit where I'd never heard footsteps at all before. Obviously all other noises are now magnified as well and if they're home, I know it. Before I might have heard a really loud object drop with a thud but now it's more of a boom. This is on top of the fact that the renos were carried out at all hours of the day and were themselves extremely loud. I'm a light sleeper and starting in September, a law student, and I need my sleep and my peace and quiet to study and do my work and I can't tolerate this level of noise. I'm also paying way too much in rent to be living as though I'm in a basement apartment.

I've approached my on site property management and have received little help from them. They were not terribly receptive when I informed them of the flood in terms of fixing it promptly and I've had a huge hole in my roof for a week now from when the plumber did eventually come. There is also lots of warping to my roof from the water which the building is sending a contractor to look at an ultimately repair. The noise issue however, which I have approached them about now multiple times over the course of three weeks is not being attended to at all. I've lost sleep from the noise and have been exceptionally stressed out by the fact that I can't enjoy my unit quietly anymore and from all the work I've had to do to try and solve these problems. The property manager has basically ignored me. She hasn't responded to e-mails or phone calls and I've gone to the office directly to speak to her where she basically shrugged her shoulders and blew me off. I tried calling up security so they could hear the noise etc. but because it's footfalls etc. it's not necessarily still going by the time they arrive and I can't expect them to hang around indefinitely to hear it. I asked that the P.M. get permission to enter the unit upstairs in lieu of calling security and have someone walk around and interact with the floor up there while another person was in my unit so they could easily hear the noise and do something about it. Whether this would be replacing the soundproofing which has obviously been removed or putting carpets throughout the unit upstairs, I don't care so long as MY unit is returned to the state it has been in for the past several years. I've spoken to other residents and noise of this sort is NOT normal for our building. I've also incurred personal financial loss as a result of the flooding which so far no one will pick up the tab for.

I have also approached my landlord (Del Rentals) but no one from their office has returned my three calls or my e-mail. My property management company happens to also be Del property management so I'm leery as to whether they will advocate on my behalf if they ever do get back to me. I wrote them a very detailed e-mail and included the log of events which I have kept since things began.

At this point I'm trying to figure out what my options are and how I should go forward about this. Everything seems to be pointing towards seeking legal remedy but I'm not 100% sure which entities to approach or how to go about it. I'd also much prefer to resolve the issue out of court. Lastly, I really do like living here in general, and moving out of the building isn't a particularly attractive option for me now either. Has anyone got any experience with this and any suggestion as to how I should try to remedy it? I would really appreciate any advice anyone can offer as I'm at my wit's end dealing with this for almost a month now.
 
There's not really anything you can do except move. You don't own the unit. There's no legal remedy for annoyances like footsteps. If you had property damaged by flooding it would be up to your renters insurance to cover it.
 
If it makes that much noise, one would question if they got permission to do the reno - and if they used the proper under flooring which would have minimize then noise transmission.
I think it's a requirement that the condo management approves the materials first before installing it.
Other than that, since your learning law - isn't this some type of Non-Pecuniary lawsuit? Loss of enjoyment of life? (I dunno myself..)
 
There are both pecuniary and non pecuniary damages in this case. I'm trying to avoid that route because it's a lot of time and effort and I may not get back enough to make it worth my time but at the same time I don't want to leave the home I have enjoyed for so long. They insist they've done nothing to change the main flooring but the huge increase in the amount of noise I hear and the fact that none of my friends in the building experience this makes me think they're lying... It's really a shame the way condos operate in this city.
 
In regards to the flood that happened, your insurance should cover any damages that occurred. Each building operates differently, but I can tell you first hand that when a flood occurs (whether it be overflow from a sink, a washer/dryer flooding or in your case a toilet flooding) security would be dispatched to document all the damage. Security would also dispatch cleaners (if on site) to come into the suite to help with clean up and then ultimately a restoration company would come in to clean up any damages. As far as "fixing" the hole in the ceiling, that can take a while. For example, there was a penthouse unit that had an issue with a "droopy" ceiling - it took over a month for management to get their "contractor" to come in an fix the issue. I have dealt with DEL Property Management (which is a good property MGMT company) - if you are not getting through to the property manager, call the head office.

As far as your "noise" issue. Those that are installing flooring are to follow the guidelines that are set out by the corporation. Before the resident changes the flooring, they are to consult with Management and provide a sample of the underlay to make sure it complies with the buildings policies. There is a certain thickness of underlay that is required - this needs to be approved by management before any construction is to begin. If the resident above you did not install the proper underlay (it may be hard to prove this), then you do have grounds to pursue this. They would ultimately have to remove all the flooring and install the proper amount of underlaying.
 
Do anyone know if the COA is helpful for complaints like this? I am going to live in a condo, and I notice that the customer care centre at ICE Condo II for fixing problems I identified at PDI was quite unhelpful too.
 
Hi All, it seems that I do not have a privilege to create a new topic hence I decided to post here. (sorry)

Topic: Cellphone Antennas And Value of Condo!

The Board of Directors decided without knowledge of the all owners to rent (10 years lease) the roof to the mobile company which installed on it cellphone antennas. Two of these antennas are 10 feet from my unit and are clearly visible from my terrace (9 feet by 21 feet). I would never bought this condo suite if the antennas where on the roof.

I would like to find out if these antennas lowers the price of my suite and by which percentage.

Thank You All
 
I dunno, on the one hand, your mobile reception must be pretty good! :p Jokes aside, that does sound very infuriating to have that suddenly appear without your knowledge. Are your neighbours similarly affected?
 
Lots of condo residents around City Place and Liberty Village complain regularly about poor cell phone reception. If you live there, those towers (and hopefully improved reception), might well increase your property value.

Also, depending on how much income the building is generating, it could have a significant impact on annual maintenance fee increases, which could be another positive factor.
 
Hi All, it seems that I do not have a privilege to create a new topic hence I decided to post here. (sorry)

Topic: Cellphone Antennas And Value of Condo!

The Board of Directors decided without knowledge of the all owners to rent (10 years lease) the roof to the mobile company which installed on it cellphone antennas. Two of these antennas are 10 feet from my unit and are clearly visible from my terrace (9 feet by 21 feet). I would never bought this condo suite if the antennas where on the roof.

I would like to find out if these antennas lowers the price of my suite and by which percentage.

You'll need to hire an appraiser (or 2) and ask them for one done each way (with and without antennae; so you know the adjustment).

Second to that, carefully read your Condo Corporations bylaws to see if your condo board actually has the ability to make that kind of a decision without an owner vote. This will be unique to your building.

If the condo board actually acted incorrectly (according to your specific buildings corporation bylaws), and you see a reduced valuation, I'm certain a real-estate lawyer out there would prepare a lawsuit on your behalf.
 
Lots of condo residents around City Place and Liberty Village complain regularly about poor cell phone reception. If you live there, those towers (and hopefully improved reception), might well increase your property value.

Also, depending on how much income the building is generating, it could have a significant impact on annual maintenance fee increases, which could be another positive factor.
Thank you for the interesting points.
 
You'll need to hire an appraiser (or 2) and ask them for one done each way (with and without antennae; so you know the adjustment).

Second to that, carefully read your Condo Corporations bylaws to see if your condo board actually has the ability to make that kind of a decision without an owner vote. This will be unique to your building.

If the condo board actually acted incorrectly (according to your specific buildings corporation bylaws), and you see a reduced valuation, I'm certain a real-estate lawyer out there would prepare a lawsuit on your behalf.
I will definitely review Condo Corp. bylaws. Thank you for the advice.
 

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