December 2023
Noise is an increasingly expensive and time-consuming problem for those who fail to act responsibly. When condo boards fail to effectively enforce their governing documents, the Condominium Authority Tribunal (CAT) can be asked to rule on the matter. Here are three recent disputes.
In one dispute, an owner filed with CAT against another owner regarding noise from a piano. The piano owner was unsuccessful at arguing there was no reasonable cause of action.
A separate dispute involves a condo owner who tired of noise from the unit above and turned to the CAT for resolution after their corporation failed to enforce its noise rules against the owner of that unit. The problem was about flooring. The owner was forced to participate in the hearing by the corporation.
A third dispute involved an owner making excessive noise disturbing to other residents and failing to comply with a corporation request to resolve the matter by soundproofing his and neighbouring units. This dispute was unique in that the owner refused to participate in CAT proceedings and was ordered to pay $9,848 in legal costs.
Increasingly, condo residents are turning to the CAT for final resolution of noise complaints.
