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Choose your role:
Bartlett v. Armani, Owais
Corporation:
Date:
2024-11-18
Summary:
This case involves a dispute between a condominium corporation and a unit owner who allegedly created noise and nuisance. The Condominium Authority Tribunal (CAT) found that the corporation had failed to enforce its rules and order the unit owner to stop the nuisance.
Under:
Noise, Nuisance, Enforcement of Rules
Verdict:
The Tribunal found in favor of the applicant unit owner, concluding that the condominium corporation failed to enforce its rules and failed to take sufficient steps to stop the noise and nuisance created by another unit owner. This matters because it underscores the duty of condominium corporations to enforce their rules and to take timely action to prevent or stop nuisances.
Takeaways:
- Condominium corporations have the duty to enforce their rules to ensure a peaceful living environment for all residents.
- The Condominium Authority Tribunal can be applied to for dispute resolution when a condominium corporation fails to enforce its rules.
- Condominium corporations may be ordered to pay damages if they fail to enforce their rules and this failure results in a nuisance to other residents.
Recommendations:
Condo corporations must take timely and consistent action to enforce noise and nuisance rules. Ignoring complaints or delaying enforcement can result in Tribunal penalties and harm to resident well-being.