I have a question on noise in residential properties. I had a complaint made against me for playing piano and bass

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Customer: I have a question on noise in residential properties. I had a complaint made against me for playing piano and bass between the hours of 7 am and 10 pm. My understanding of the City's by law ( https://www.calgary.ca/csps/abs/bylaws-by-topic/noise-residential.html ) state that noise cannot be above 65 dB for more than one hour. Is that correct?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No
JA: Where is the property located?
Customer: A condo building in Sunalta
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Yes. The by law also states "85 decibels (dBC) for bass noise for outdoor concerts". Does 'bass noise' include bass guitars?
Answered by Debra in 1 hour 1 year ago
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Debra
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Debra
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Debra
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Jessica

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Debra, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

Customer
When?
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Debra, Expert

I am sorry to hear of this difficult situation.

Are you being told that you were breaching the condo bylaws?

Do you say that the bylaws state 85 dBc do you mean the city bylaws or the condo bylaws?

Customer
City
Customer
Hi
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Debra, Expert

I am sorry. I was interrupted by dinner. I am composing the answer now.

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Debra, Expert

Clearly no one can breach the city bylaws but the problem is that you also cannot reach your condo bylaws.

The condo is community living in it runs through the democratic process. Condo bylaws and rules reflect what the majority of the owners want.

As well, it is a law that every owner and every tenant for that matter has a right to peaceful enjoyment of their home and if you are You're probably others of that right and they were complaining to the board the board is required by law to take all steps necessary to stop you from doing that.

At the same time, if this is during the day and you're being reasonable others have to understand that you too have rights. The law and the board have to balance the competing rights.

Do you see what I mean?

Customer
Do you mean to say that condo bylaws supersede the city's bylaws? Or that both apply? I'll have to check the condo documents that I have. As I remember they were vague and don't give specific noise levels in decibels. The property management say they're going to discuss it and get back to me. I want to know what recourse I have. Can they overrule city bylaws?
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Debra, Expert

I mean they both apply. They can't overrule city bylaws but they can make your own bylaws so even if the city says you can be very loud the condo can still say the owners have decided that people can't be very loud. I am obviously simplifying the issue for the example.

Customer
the board can overturn city bylaws
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Debra, Expert

Do you want overturning city bylaws. So it is legal to smoke cigarettes and cannabis. But the owners of the condo can decide to make the condo smoke free.

It is legal to own dogs and cats but the owners of the condo can pass a bylaw making this a pet free condo.

Does that help a bit more?

Customer
No, it doesn't. I see that a building can set it's own rules for pets and smoking but this is a different matter. Everyone makes noise of some description. Not everyone has a pet or smokes. One person shutting their front door before 7 am can register a noise level over 65 decibels. What I want to know is what I can do if the board decide that I can't play my instruments when the city states that I can below certain levels and between certain hours
Customer
Their noise level policy is vague and doesn't specify decibel levels when the city does
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Debra, Expert

You can ask them to provide you with the noise level that is the boundary for them. Tell them you cannot guide yourself to know what is OK without a number.

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Debra, Expert

Thank you for trusting us to help you here at JustAnswer. If you have any follow-up questions, or need clarity on anything we went over today, please feel free to let me know-I am happy to help!

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