A group of excited owners moved into brand new homes in a bustling Oakville suburb. Then construction ramped up.

April 13, 2024 Canuck

A group of homeowners who purchased brand new houses in an Oakville subdivision say they thought they were upgrading their living situation, but instead have found themselves living in an active construction zone for months with no end in sight.

Suhail Abbasi moved into one of the newly built homes from Mattamy Homes near Dundas Street and William Cutmore Boulevard with his wife and daughter last August.

He says they understood that there would still be some construction in the area and were prepared to deal with it for a little while as the community was built up. But then a couple of months ago, heavier equipment moved in right behind his home and a large crane went up on the other side of his yard. Since then, he says, it’s been a ‘nightmare,’ with constant noise and dirt from construction daily.

He says Mattamy also asked him to sign a tieback agreement that would allow heavy equipment to be used in his yard in order to expedite their construction of a new midrise building going up behind him. He says the company offered him $10,000 for the inconvenience if he signed the agreement, but he refused.

Nevertheless, construction has moved ahead, and he says it’s felt like an “earthquake” in his home from morning to night ever since.

“The noise, air, health hazards; the dirty streets, your cars, your homes are all filthy every day,” he says. “You know that you cannot open windows, you cannot open doors.”

He said nobody on the street bothers washing their cars because they will simply be coated over with thick dust again a day later. He said no one is able to sit outside their homes and neighbours with kids can’t let them play outside.

“As a resident feeling frustrated, it’s crossed my mind to move out,” Abbasi says.

But he questions whether he would be able to sell or rent his home to anyone else given the state of the area and the construction which starts early each morning and goes on until the evening.

“You know, people who are gonna come look at all the heavy machinery and noises and pollution and dirt, they’re gonna think 10 times before buying the house. Why would you want to come to this hell?”

Neeraj Nulu moved into another house on the street with his parents about a year ago after moving out of their old home in Milton. He says they thought they were moving into nicer quarters, but it feels like their house has been “in a war zone” since.

Nulu, who works from home, says he’s had to deal with migraines from the constant noise and vibration, and he worries about the effects that construction may be having on his health and that of his parents.

“If I had another home to go to, I’d probably do that,” he says.

He said they floated the idea to Mattamy of having the company move them elsewhere while construction is ongoing, but didn’t hear back.

He says that while they knew there was a clause in the purchase agreement about ongoing construction, he and the other neighbours feel they were misled as to the scope of the project, and how it would impact them.

Now, they’re considering legal action.

According to the website for the Clockwork Condos project at Upper Joshua Creek, the new complex will feature homes ranging from 473 to 889 square feet, starting at just under $500,000 and going up to nearly $900,000.

The website boasts units in a “prime location” that are “thoughtfully designed with you in mind.” It lists a completion target of 2026.

An artist’s rendering shows the Clockwork Condos project in Oakville in this image from Mattamy Homes’ website.

In a statement, Mattamy Homes said it “recognizes and appreciates the frustrations that living in close proximity to an active construction site can cause,” and said that relationships with existing, adjacent residents are “an important element of the process” as the company builds more homes.

“We believe we have been a good neighbour, including regular communication before and since these homeowners closed last year and addressing specific issues as they arise,” Mattamy said. “We remain committed to maintaining this dialogue throughout the construction and to being as accommodating as possible.”

The company maintains that the site is “no different from any other site along Dundas Street in terms of construction activity and potential impact on neighbours.”

An artist’s rendering shows the Clockwork Condos project in Oakville in this image from Mattamy Homes’ website.

CP24 reached out to local councillors Natalia Lischyna and Tom Adams for comment and received a response from the Town of Oakville.

Director of Transportation and Engineering, Jill Stephen said the city is aware of the development and said developers are expected to comply with town bylaws.

“While it can be expected that construction will result in some amount of noise, dust and other impacts, contractors must comply with town bylaws related to lot maintenance, noise control, and site cleanliness,” Stephen said.

She confirmed that the town has received calls about noise, dust and dirt on the road from the construction and said Municipal Enforcement Services have spoken with the developer about the issue.

However she said it’s the developer’s responsibility to keep the neighbourhood updated about construction activity after permits are issued and the town can’t comment on whether or not that has happened.

“When buying a home, especially in a new build area, residents are encouraged to learn about the various developments happening around their home and within their neighbourhood,” Stephen added.

She encouraged people to check the town’s Active Development Applications web page to learn about what might be going up around them.

Video taken by residents in the area shows clouds of dust wafting toward the front of the homes as construction vehicles do their work to build new houses on the street, as well as dust wafting over their yards from construction on the condo project in the back of their homes. A toilet lid in one of the homes can be seen vibrating from the construction activity, which is taking place just several feet away from the property line.

Dust and dirt from construction is seen on the street in front of new homes in Oakville, as well as just feet away from the property line in their backyards in these images taken by residents. (Submitted)

Why, some of them ask, would the city allow just a few homes to be occupied in the middle of what is otherwise an active construction zone?

Residents say the three and four-bedroom homes on the street were sold to them by Mattamy for around $1.7 million. But less than a year after moving in, they estimate they’d lose hundreds of thousands of dollars if they tried to sell because of the construction and the fact that condo balconies will be just feet away from their backyards.

Navneet Bagga says he was counting on being able to rent out his basement to help make mortgage payments when he purchased his four-bedroom home on the street where he now lives with his wife and two children. But he doesn’t think anyone would choose to live there now.

“Who’s gonna rent my basement?” he said “I said ‘you guys just you know, you killed me. I don’t even know for how long I’m gonna (be able to) pay my mortgage.'”

He said despite the fact that he and his neighbours were sold their homes by the same company responsible for the condo construction, nobody advised them to check on details of the application.

Bagga says they were led to believe instead that there would be a parking lot behind their homes when they bought, but somewhere along the way the developer decided to move the parking underground and add another building to the planned complex.

He said digging hasn’t even started for the parking garage and he’s worried about the sort of fresh disruption that will bring.

“Imagineselling this house now, when you already planned the building in the backyard?” he said. “Who’s gonna buy that house? Nobody.”

Residents of an Oakville subdivision say they are fed up with noise and dust after living in the midst of an active construction zone for months. (Submitted)