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Govindu v. York Condominium Corporation No. 456

Corporation:

​

Date:

2025-05-28

Summary:

This case involves a dispute between a condominium corporation and a resident over excessive noise emanating from the resident's unit. The corporation alleges that the resident's noise levels violate the condominium's declaration, by-laws, and rules and filed an application with the Condominium Authority Tribunal (CAT) seeking an order to cease the noise.

Under:

Noise

Verdict:

The CAT decided in favor of the condominium corporation, finding that the resident’s noise levels breached the condominium's declaration, by-laws, and rules. The case underscores the CAT's role in resolving condominium disputes and the importance of maintaining noise levels within acceptable limits as per the condominium's governing documents.

Takeaways:

- Condominium corporations have the right to enforce their declaration, by-laws, and rules to maintain a peaceful living environment.
- The Condominium Authority Tribunal (CAT) has the jurisdiction to address disputes relating to nuisances, annoyances, and disruptions to an individual’s enjoyment of their unit and common elements.
- In this case, the CAT was able to provide a digital platform to facilitate dispute resolution between the condominium corporation and the resident.

Recommendations: 

- Condominium boards or managers should clearly communicate the provisions of the condominium's declaration, by-laws, and rules to all residents, especially those related to noise levels.
- In case of disputes, they should consider utilizing the CAT as an effective dispute resolution platform.
- Boards and managers should ensure they have sufficient evidence to support their claims in situations of dispute.

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