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Reany v. Waterloo Standard Condominium Corporation No. 670 - 2023 ONCAT 121 - 2023-08-30

Corporation:

RWSCC 670

Date:

2023-08-30

Under:

CAT Decisions - Motion Order
Noise
Vibration

Summary:

In the case of Reany v. Waterloo Standard Condominium Corporation No. 670 (2023 ONCAT 121), a motion order was issued by the Condominium Authority Tribunal (CAT) on August 30, 2023. The Applicant, claimed that the use of free weights in the condominium's gym resulted in unreasonable noise and vibration that disrupted the quiet enjoyment of his unit. The Respondent, Waterloo Standard Condominium Corporation No. 670 (WSCC 670), sought to have the case dismissed due to a lack of jurisdiction, arguing that it was a matter of maintenance and repair of common elements. However, the CAT Member, determined that the case did not fall outside the jurisdiction of the Tribunal and dismissed the motion. The case involved a dispute regarding noise and vibration, which are subject to the Tribunal's jurisdiction under the Condominium Act, 1998.

Verdict:

The Condominium Authority Tribunal (CAT) dismissed a motion brought by Waterloo Standard Condominium Corporation No. 670 (WSCC 670) to have the applicant's case dismissed for lack of jurisdiction. WSCC 670 argued that the case was about repair and maintenance of common elements, but the CAT found that the case's focus on unreasonable noise and vibration, stemming from activities in the gym, did fall within the CAT's jurisdiction under the Condominium Act. This decision underscores the importance of gathering sufficient evidence and thoroughly assessing the nature of a dispute before dismissing it based on jurisdictional grounds, particularly in cases involving noise and vibration nuisances.

Takeaways:

Key Takeaways:

In the case of Reany v. Waterloo Standard Condominium Corporation No. 670, the applicant, claimed that noise and vibration from the condominium's gym were causing a nuisance and interfering with his unit's quiet enjoyment.

The condominium corporation (WSCC 670) filed a motion to have the case dismissed, arguing it was about repair and maintenance of common elements, which they believed fell outside the tribunal's jurisdiction.

The tribunal noted that it has jurisdiction under the Condominium Act to address issues of unreasonable noise and vibration that are considered a nuisance.

The tribunal dismissed the motion, emphasizing that it was premature to determine if the case was solely about repair and maintenance, as more evidence was needed to establish whether the noise and vibration were a result of activities carried out by other residents or owners.

This case highlights the need for proper evidence and a thorough investigation before dismissing cases based on jurisdictional grounds.

Recommendations: 

Investigate and address the source of the smoking odors: It is important for the condominium corporation (YCC 50) to conduct a thorough investigation to determine the actual source of the smoking odors complained about by residents. This investigation should be based on verified information rather than assuming unverified and vague allegations are true. By identifying the actual source, YCC 50 can take appropriate action to resolve the issue and ensure compliance with the smoke-free environment rule.

Improve communication and clarity: YCC 50 should review and improve its communication practices and ensure that all communication with residents is clear, accurate, and in line with the governing documents and regulations. The misleading and false information mentioned in the threatening letter from the lawyer can create confusion and strain relationships between the parties involved. Open and transparent communication is crucial for maintaining a healthy and respectful living environment within the condominium community.

Follow proper procedures for revoking legacy status: If YCC 50 intends to revoke the legacy status granted to Ms. Overholt and her sons, they must follow the proper procedures outlined in the smoke-free environment rule. This includes providing written notice to the affected parties and acting reasonably in determining if smoking in the unit is deemed to be a nuisance. It is important for YCC 50 to adhere to these procedures to ensure fairness and avoid potential legal issues.

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