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Turco v. York Region Standard Condominium Corporation No. 1273

Corporation:

​

Date:

2025-04-17

Summary:

This case involves a condominium owner who was allegedly causing excessive noise, interfering with other residents' peaceful enjoyment of their units. The Condominium Corporation sought to have the owner comply with the Condominium Act and its by-laws.

Under:

Noise, Nuisance, By-Laws

Verdict:

The Tribunal found the owner to be in breach of the Condominium Act and its by-laws for causing noise nuisance. The owner was ordered to stop making excessive noise and to pay $2,000 in costs to the Condominium Corporation. This decision underscores the importance of adhering to the Condominium Act and the condominium's by-laws, and the consequences of not doing so.

Takeaways:

- The Condominium Authority Tribunal has the jurisdiction to issue a compliance order when a unit owner is not adhering to the Condominium Act and its by-laws.
- Evidence such as noise logs, witness statements, and a professional engineer’s report can be helpful in proving nuisances.
- The Tribunal can order costs against a unit owner who does not comply with its orders, or who behaves unreasonably during proceedings.

Recommendations: 

- Condo boards and managers should ensure that all residents are aware of the Condominium Act and the condominium's by-laws, including the consequences of non-compliance.
- If a resident is not complying, condo boards and managers should collect evidence such as noise logs and witness statements, and may consider hiring professional services to establish a nuisance.
- In cases of non-compliance, condo boards and managers should not hesitate to seek a compliance order from the Tribunal.

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