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Choose your role:
Sievewright v. Toronto Standard Condominium Corporation No. 1793 et al.
Corporation:
Date:
2024-08-07
Summary:
This case involves a condominium owner who complained about excessive noise and vibrations from the unit above. The Condominium Authority Tribunal (CAT) found that the condominium corporation failed to adequately address the noise complaints, violating section 117 of the Condominium Act.
Under:
Noise, Nuisance, Dispute Resolution
Verdict:
The CAT found in favor of the complainant, deciding that the condominium corporation failed to adequately address the noise complaints. This highlights the importance of condominium corporations taking all necessary steps to ensure compliance with the Condominium Act and their own rules and bylaws.
Takeaways:
- Condominium corporations are required under the Condominium Act to take all reasonable steps to ensure that owners and residents comply with the Act and the corporation's declaration, bylaws, and rules.
- Failure to adequately address noise complaints can be seen as a failure to enforce these requirements.
- The CAT can order a condominium corporation to take specific action to resolve a dispute, such as hiring an acoustical engineer to investigate noise complaints.
Recommendations:
- Condominium boards or managers should ensure they are fully aware of their obligations under the Condominium Act and their own rules and bylaws.
- They should take all reasonable steps to ensure compliance, including investigating and addressing noise complaints in a timely and thorough manner.
- Failure to do so can result in CAT ordering the corporation to take specific actions to resolve the dispute, which may involve additional costs and resources.