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Hovagimian v. Toronto Standard Condominium Corporation No. 1754 - 2023 ONCAT 5 - 2023-01-13
Corporation:
HTSCC 1754
Date:
2023-01-13
Summary:
The case of Hovagimian v Toronto Standard Condominium Corporation No 1754 involves a complaint regarding intermittent noise disturbances originating from the unit above his. The applicant alleges that the noise, including pounding, yelling, loud talking, screaming, and singing, primarily occurs between midnight and 4 am. Toronto Standard Condominium Corporation No 1754 (TSCC 1754) argues that the noise is sporadic and does not constitute a nuisance. They claim to have taken reasonable steps to address the issue and assert that many of the applicant's complaints are unfounded. However, the Condominium Authority Tribunal found that the noise coming from the unit above violates TSCC 1754's noise rules. TSCC 1754 was directed to publish the Decision and Order to unit owners and the resident of the unit above, was instructed to comply with the noise rules.
Under:
CAT Decisions - Decision
Compliance with Governing Documents
Indemnification or Compensation
Noise
Verdict:
Verdict/Lesson: The Condominium Authority Tribunal found that the noise disturbance from the unit above in the case of Hovagimian v Toronto Standard Condominium Corporation No 1754 violated TSCC 1754's noise rules. The tribunal directed TSCC 1754 to publish the Decision and Order to unit owners and instructed the resident of the unit above to comply with the noise rules.
Takeaways:
Takeaways
The case highlights the importance of addressing noise disturbances in condominium buildings and upholding rules related to noise control.
Condominium corporations have a legal obligation to take consistent action against residents who violate noise rules in order to protect the rights of other unit owners.
The Condominium Authority Tribunal has the jurisdiction to make determinations and issue orders regarding noise-related disputes and violations of condominium rules.
The case emphasizes the need for effective communication and documentation between the condominium corporation, residents, and their representatives, such as sending letters and emails to address noise issues.
Unit owners have the right to seek redress from the condominium corporation when their complaints regarding noise disturbances are not adequately addressed.
Recommendations:
Recommendations:
Condominium corporations should take consistent and prompt action to address noise disturbances reported by unit owners, in accordance with the condominium rules.
It is crucial for the condominium corporation to maintain open and effective communication with both the complaining party and the party allegedly causing the noise disturbance in order to resolve the issue properly.
Proactive measures, such as conducting investigations, sending warning letters, and implementing appropriate consequences for rule violations, should be taken by the condominium corporation to ensure compliance with noise rules and maintain peace and harmony within the community.