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York Condominium Corporation No. 229 v. Rockson - 2022 ONCAT 46 - 2022-05-10

Corporation:

YCC 229

Date:

2022-05-10

Under:

CAT Decisions - Decision
Compliance with Governing Documents
Indemnification or Compensation
Noise

Summary:

the case "York Condominium Corporation No 229 v Rockson" (2022 ONCAT 46) involves a dispute between the condominium corporation (YCC 229) and the owner regarding a violation of noise rules. YCC 229 requested the Tribunal to order the respondent to comply with the noise rules and indemnify the corporation for its legal costs. The respondent did not participate in the proceedings, leading the decision to be based solely on YCC 229's evidence and submissions. The Tribunal found that the respondent had failed to comply with the noise rules and ordered him to do so. Additionally, the respondent was ordered to pay compensation of $54,749 and costs of $9,301.02 to YCC 229. The case highlights the importance of complying with noise rules in condominiums and the potential consequences for violations.

Verdict:

The case "York Condominium Corporation No 229 v Rockson" highlights the importance of complying with noise rules in condominiums and the potential legal and financial consequences for violations. The owner failed to comply with noise rules, leading to an order to do so and pay compensation and costs to YCC 229. This case demonstrates that condominium owners must abide by the Condominium Act, the declaration, by-laws, and rules of the corporation, as set out in Sections 119(1) and 173 of the Act.

Takeaways:

Non-compliance with noise rules: The case revolves around the violation of noise rules by the owner. He was found to have created unreasonable noise that disturbed the comfort and quiet enjoyment of other unit owners, breaching section 117(2) of the Condominium Act.

Lack of participation: The respondent did not actively participate in the proceedings, even after being contacted by Tribunal staff. As a result, the decision was solely based on the evidence and submissions provided by York Condominium Corporation No 229 (YCC 229).

Indemnification and compensation: YCC 229 sought indemnification for its legal costs and expenses from the respondent. The Tribunal granted the request and ordered the respondent to pay compensation of $54,749 and costs of $9,301.02 to YCC 229 within 30 days

Recommendations: 

Enhance communication with unit owners: The case highlights the importance of clear and consistent communication with owners. In this situation, the condominium management provider and legal counsel sent multiple letters to the respondent regarding his violation of noise rules. To further improve communication, consider adopting a multi-channel approach, including written notices, emails, and regular reminders during owner meetings to ensure that owners are aware of their obligations.

Develop a comprehensive noise policy: To address noise-related issues effectively, it is essential to establish a comprehensive noise policy that clearly outlines acceptable noise levels and consequences for non-compliance. This policy should be shared with all residents and reiterated during orientations for new owners or tenants. Additionally, consider including provisions on soundproofing measures, such as requiring owners to soundproof their units if they repeatedly violate noise rules.

Implement a proactive monitoring system: To prevent excessive noise disturbances and address them promptly, consider implementing a proactive monitoring system. This may involve hiring or training security staff or designated personnel to respond to noise complaints and conduct periodic inspections to ensure compliance with noise rules. By taking a proactive approach, potential noise issues can be identified and resolved early on, promoting a more peaceful living environment for all residents.

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