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Bogue v. Carleton Condominium Corporation No. 288

Corporation:

​

Date:

2024-10-10

Summary:

This case involves a dispute between a condominium unit owner and the condominium corporation regarding excessive noise from the unit above. The unit owner seeks an order to cease the noise and for the corporation to ensure compliance with the Condominium Act and the corporation's declaration, by-laws, and rules.

Under:

Noise

Verdict:

The tribunal did not make a final decision due to lack of evidence, but emphasized the importance of cooperation between the condominium corporation and the unit owner to resolve the dispute. This case underscores the necessity of proper evidence collection and the potential usefulness of alternative dispute resolution methods in condominium disputes.

Takeaways:

- Condominium corporations are required to take reasonable steps to address issues of noise complaints and ensure compliance with the Condominium Act as well as their own rules.
- Condominium corporations and unit owners must cooperate in resolving disputes and maintaining a peaceful living environment.
- In this case, the tribunal was unable to provide a final resolution due to lack of evidence but suggested mediation or arbitration as alternative methods of dispute resolution.

Recommendations: 

- Condominium boards or managers should ensure they are proactive in addressing noise complaints and enforcing compliance with the Condominium Act and the corporation's own rules.
- They should also be open to cooperation with unit owners and consider alternative methods of dispute resolution like mediation or arbitration when necessary.
- Proper documentation and evidence collection should be made in case of legal disputes.

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