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Choose your role:
Nezhinsky v. York Region Standard Condominium Corporation No. 1175
Corporation:
Date:
2024-12-24
Summary:
A resident in a condominium alleged that neighbours were creating excessive noise, leading to disputes with the condominium corporation. The Condominium Authority Tribunal (CAT) found that the resident did not provide sufficient evidence to prove the noise was excessive or unreasonable, and dismissed the application.
Under:
Noise, Rules Enforcement
Verdict:
The case was dismissed by the Condominium Authority Tribunal because the resident did not provide enough evidence to prove that the noise was excessive. This underscores the importance of having substantial evidence when making such complaints.
Takeaways:
- Evidence is vital in resolving noise disputes in a condominium setting.
- The Condominium Authority Tribunal cannot make a decision based on allegations alone.
- Condominium corporations have a duty to enforce rules, but must also consider the reasonableness of each complaint.
Recommendations:
- Condo boards or managers should ensure they have a clear and enforceable noise policy in place.
- They should also encourage residents to document instances of excessive noise as evidence should a dispute arise.
- In cases of alleged excessive noise, condo boards should consider all evidence and the reasonableness of the complaint before taking action.