Heading 5
Heading 5
Heading 5
Heading 5
Heading 5
Heading 5
Heading 5
Heading 5
Heading 5
Choose your role:
Kaminski v. Halton Standard Condominium Corporation No. 645 - 2023 ONCAT 15 - 2023-02-01
Corporation:
KHSCC 645
Date:
2023-02-01
Summary:
:In the case of Kaminski v. Halton Standard Condominium Corporation No. 645 (2023 ONCAT 15), the applicants had a dispute with the respondent, Halton Standard Condominium Corporation No. 645, regarding excessive noise emanating from the condominium's fitness room. The parties reached a consent order to settle the case. The order requires the respondent to change fitness room operating hours, remove specific noisy equipment, designate a designated free weight area, post appropriate signage, conduct acoustic testing for new equipment, and implement a noise enforcement policy. The order specifies that these conditions will apply as long as the applicants are the owners of their unit. The respondent must also reimburse the applicants for their CAT fees. Both parties agreed not to pursue further damages or penalties related to the application.
Under:
CAT Decisions - Consent Order
Noise
Vibration
Verdict:
Verdict/Lesson:
The case underscores the significance of addressing noise issues in shared living spaces through cooperative agreements, like consent orders, that outline specific actions to resolve disputes efficiently. Such agreements can promote harmony within condominium communities while providing legal recourse when necessary
Takeaways:
Takeaways:
Consent orders can be used to resolve disputes in condominium-related matters.
Noise-related issues in shared spaces like fitness rooms can lead to formal complaints and legal actions.
This case highlights the importance of acoustic testing and noise mitigation measures in shared condominium spaces.
Condominium authorities should have clear policies for addressing noise complaints and enforcing them.
Parties involved in a dispute may choose to settle through consent orders, avoiding lengthy legal proceedings.
Recommendations:
Noise Management: It is important for condominium corporations to address noise issues within their buildings. In this case, the Respondent, Halton Standard Condominium Corporation No 645, agreed to take several steps to address excessive noise emanating from the fitness room. It is recommended for condominium corporations to have clear guidelines and protocols in place to manage noise levels and to ensure proper enforcement of noise regulations within common areas.
Acoustic Testing: Acoustic testing can provide valuable insights into the noise levels and potential disturbances caused by certain equipment or activities. It is important for condominium corporations to regularly conduct acoustic testing of fitness equipment, especially when new equipment is added, to ensure compliance with industry standards for noise levels. It is recommended to involve accredited acoustic testing engineering companies to perform such tests and make informed decisions based on the results.
Noise Enforcement Policy: Having a noise enforcement policy can help manage noise-related issues effectively. In this case, the Respondent agreed to adopt and implement a noise enforcement policy directed at fitness/yoga room users. This policy included warning letters, temporary suspension of privileges for repeated offenses, and further enforcement measures if necessary. It is recommended for condominium corporations to establish clear guidelines and consequences for noise violations, ensuring consistent enforcement and encouraging compliance among residents.
Payment of Fees and Costs: In this case, the Respondent was ordered to pay $40,000 to the Applicants, representing CAT fees and reimbursement for costs incurred by the Applicants. It is important for condominium corporations to comply with any financial obligations ordered by the tribunal, such as reimbursing fees or paying costs to the other party. It is recommended to ensure timely payment of any required fees and costs as ordered by the tribunal.