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CAT Rules Against Noisy Parties

Michelle Kelly
Publication date:
January 18, 2023
Article Summary: 

In a recent decision, the Condominium Authority Tribunal (CAT) addressed a common issue where an owner complained about intermittent noise from the unit above, leading to frustration and aggressive behavior towards the condominium staff and directors. The owner initially brought the application against the condominium alleging failure to address noise complaints, but the hearing was adjourned to include the noisy neighbor as a party. The CAT disagreed with the condominium's argument that it lacked jurisdiction, as the dispute primarily concerned noise violations. The CAT found the owner repeatedly violated noise rules over four years, with numerous incident reports and enforcement letters. The condominium was deemed to have failed in ensuring compliance with the Condominium Act and rules. While sympathetic to the owner's sleep disruption, the CAT did not justify his aggressive conduct. Although the CAT declined to award damages, it ordered the condominium to pay the owner the filing fees. This case underscores the importance of civility and collaboration in resolving condominium disputes, highlighting the challenges of communal living and the need for patience and compromise.


CAT, noise disputes, condominium, aggression, rules enforcement, damages, civility, communal living, compromise, patience

Source Citation: 
Michelle Kelly
CAT Rules Against Noisy Parties
January 18, 2023
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