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Toronto Standard Condominium Corporation No. 2025 v. Hassan - 2024 ONCAT 52 - 2024-04-02
Corporation:
TSCC 2025
Date:
Tue Apr 02 2024 04:00:00 GMT+0000 (Coordinated Universal Time)
Under:
CAT Decisions - Decision
Compliance with Governing Documents
Noise
Summary:
Toronto Standard Condominium Corporation No. 2025 filed a complaint against a tenant in a unit, alleging unreasonable noise disturbance to other residents. Despite repeated warnings and interventions, the respondent continued to create noise issues, prompting the condominium corporation to seek remedial action. The Condominium Authority Tribunal found the respondent in violation of the Condominium Act, 1998 and ordered him to cease creating unreasonable noise. Additionally, the tribunal directed Baic to ensure the respondent's compliance and keep the corporation informed of any proceedings at the Landlord and Tenant Board. Baic was also ordered to pay the tribunal fees incurred by the corporation.
Verdict:
The tribunal's decision underscores the importance of maintaining a peaceful living environment within condominium communities and the need for timely resolution of noise disputes through legal channels when informal measures fail.
Takeaways:
Responsibility of Owners and Tenants: The tribunal emphasized the obligation of both owners and tenants to adhere to condominium rules and regulations, including those related to noise.
Importance of Compliance: Despite repeated warnings, Hassan's failure to address the noise issue led to legal intervention by the condominium corporation, highlighting the significance of compliance with governing documents.
Limits of Tribunal Authority: While the tribunal can issue orders related to noise complaints, it does not have the power to terminate tenancy or order eviction, which falls under the jurisdiction of the Landlord and Tenant Board.
Recommendations:
For similar cases, condominium corporations should promptly address noise complaints in accordance with governing documents and escalate the matter to legal proceedings if necessary. Owners and tenants should be reminded of their responsibilities and the potential consequences of non-compliance with condominium rules. Open communication and cooperation between all parties involved can help prevent further disputes and ensure a harmonious living environment.