b4k
May 10, 2008, 06:46 PM
We have been living in a condo (we own it, in BC Canada) for 11 months with our two young children; ages 3 years and 18 months. Our 3 yr old often puts a bit of a hop in her step when going from one room to another and likes to dance, play and be a kid; always within the hours of 9am to 9pm. The owner living directly below bangs on her ceiling/ our floor with a broom in protest to her steps and has been doing so since we moved in, pretty much every day. On one occasion, the owner below (a fiesty, retired, elderly woman who lives alone) berated me in front of my children at my door, saying that my kids are 'wild animals that do not belong anywhere but in the country and we should move out as we don't belong here'.
We've sent several letters to our strata about her intentional banging with no result. We've called the police in order to document the events as well. Strata arranged a 'mediation' between my suite and the owner banging below after about 6 months of living here with our strata agency. During the mediation, the owner below completely admitted to banging saying that it was her attempt to get us to quiet our kids. The owner below was told (by the strata agency) that this type of behaviour was not acceptable but no fines were issued.
After the mediation, the banging ceased for a few weeks, then started up again with increased intensity. We've sent more letters to our strata and they still aren't acting, even though the banging owner freely admits to her thumping on her ceiling.
Our kids are not unruly or inappropriate and are being normal kids that play. We don't live in an age restricted building and are respectful of the strata by-laws involving 'quiet time' (between 11pm and 8am). We aren't intentionally trying to disrupt, whereas the owner below is intentionally banging on her ceiling to provoke and interfere with our use and enjoyment of our living area. She is causing undue stress on my family. I've documented some of the times (not all) of the banging. (I suspect that the owner below is being favoured as she is elderly and has never had complaints before (she's never had a family living above before), she also lives next door to the strata president and I suspect that they are friends)
Is there any LEGAL course of action that we can take against the owner below and our strata for not addressing this unacceptable and unfair behaviour?
We've sent several letters to our strata about her intentional banging with no result. We've called the police in order to document the events as well. Strata arranged a 'mediation' between my suite and the owner banging below after about 6 months of living here with our strata agency. During the mediation, the owner below completely admitted to banging saying that it was her attempt to get us to quiet our kids. The owner below was told (by the strata agency) that this type of behaviour was not acceptable but no fines were issued.
After the mediation, the banging ceased for a few weeks, then started up again with increased intensity. We've sent more letters to our strata and they still aren't acting, even though the banging owner freely admits to her thumping on her ceiling.
Our kids are not unruly or inappropriate and are being normal kids that play. We don't live in an age restricted building and are respectful of the strata by-laws involving 'quiet time' (between 11pm and 8am). We aren't intentionally trying to disrupt, whereas the owner below is intentionally banging on her ceiling to provoke and interfere with our use and enjoyment of our living area. She is causing undue stress on my family. I've documented some of the times (not all) of the banging. (I suspect that the owner below is being favoured as she is elderly and has never had complaints before (she's never had a family living above before), she also lives next door to the strata president and I suspect that they are friends)
Is there any LEGAL course of action that we can take against the owner below and our strata for not addressing this unacceptable and unfair behaviour?