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Condominium Corporation Was Not Oppressive in Its Management of a Noise Complaint

Author: 
Emily Deng
Publication date:
December 1, 2022
Article Summary: 

Condominium Corporation Was Not Oppressive in Its Management of a Noise Complaint

The case of Kikites v. York Condominium Corporation No. 382 highlights the obligations of condominium corporations with respect to noise complaints made by unit owners. The court found that the corporation had fulfilled its obligations in investigating the complaints and taking steps to address any bothersome activity, such as asking Ms. Ceronja's daughter to cease jumping and playing.

The court also noted that in some cases, it may be necessary for the corporation to engage an expert to investigate the matter and rule out any defects within the building that may be causing unusual noise transfer. However, the court also recognized that the corporation does not have authority over or ownership of the interior of another unit owner's unit, and therefore cannot be expected to renovate or compel another unit owner to renovate their unit to address noise concerns.

Overall, the key takeaway for condominium corporations is to take all reasonable steps to investigate noise complaints and give reasonable consideration to the complaints. The corporation's obligations will be met as long as it makes reasonable investigative efforts and takes appropriate steps to address any bothersome activity, while recognizing its limitations with respect to the interior of other unit owners' units.

Keywords: 

condominium law, condominium corporation, noise complaints, condo disputes, condo board of director's duties

Source Citation: 
Emily Deng
Condominium Corporation Was Not Oppressive in Its Management of a Noise Complaint
December 1, 2022
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