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Wellington Standard Condominium Corporation No. 280 v. Hira et al. - 2023 ONCAT 191 - 2023-12-07

Corporation:

WSCC 280

Date:

Thu Dec 07 2023 05:00:00 GMT+0000 (Coordinated Universal Time)

Summary:

In the case of Wellington Standard Condominium Corporation No. 280 v. Hira et al. (2023 ONCAT 191), a noise complaint led to a consent order in the Condominium Authority Tribunal. The owner agreed to terms during Stage 2 - Mediation, including the permanent vacation of the unit by the repondents, granting fob access to common areas to the owner, and a payment of $1800 by the owner to WSCC 280 as a partial payment of costs.

Under:

CAT Decisions - Consent Order
Indemnification or Compensation
Noise

Verdict:

The noise complaint dispute between Wellington Standard Condominium Corporation No. 280 and the occupants has been efficiently resolved through a consent order during Stage 2 - Mediation. The terms of the order include the permanent vacation of the unit by the respondent and his family, granting the owner fob access to common areas, and a payment of $1800 by the owner to WSCC 280 as a partial payment of costs. This swift resolution underscores the effectiveness of mediated agreements in addressing condominium disputes.

Takeaways:

Noise Complaint Resolution: The case, involving a noise complaint between Wellington Standard Condominium Corporation No. 280 (WSCC 280) and the occupants, was resolved through a consent order issued by the Condominium Authority Tribunal.

Agreed Terms: During Stage 2 - Mediation, the parties agreed to specific terms, including the permanent vacation of the unit by the respondent and his family by November 30, 2023, granting fob access to common areas to the owner on December 2, 2023, and a $1800 payment by the owner to WSCC 280 as a partial payment of costs by December 20, 2023.

Closure in Mediation: The Tribunal, with the consent of the parties, closed the case in Stage 2 - Mediation under Rule 34.3 of the CAT’s Rules of Practice, indicating a successful resolution without proceeding to a formal hearing.

Recommendations: 

Communication Protocols: Establish clear communication channels between condominium residents and management to address and resolve disputes promptly. Regularly disseminate information on community rules and regulations to prevent potential issues.

Mediation Awareness: Promote awareness of mediation processes and encourage residents to consider alternative dispute resolution methods before escalating issues to formal hearings. This can foster quicker resolutions and maintain a harmonious living environment.

Noise Management Policies: Implement comprehensive noise management policies within condominium bylaws, including specific guidelines on acceptable noise levels and procedures for addressing noise complaints. Educate residents about these policies to minimize future conflicts related to noise disturbances.

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