The CAT Deals With Alleged Inadequate Flooring Installation And Related Noise

The CAT dealt with a complaint regarding noise from an owner's unit above, who alleged that replacement flooring installed as part of a renovation contravened the condominium corporation's rule relating to unit renovations. The CAT had to consider two separate questions: whether the complainant was being exposed to unreasonable noise constituting a nuisance, annoyance, or disruption, and whether there was a violation of the corporation's rules respecting noise. The CAT concluded that the noise Ms. Friedlander was experiencing was not unreasonable and that it did not have jurisdiction to enforce specific requirements in a condominium corporation's rules about how flooring is to be installed. This case raises the question of whether a condominium corporation can still enforce such flooring specification rules, which may require mediation/arbitration or a court application. However, it would still be necessary to satisfy the arbitrator or judge that the rule in question meets the tests in Section 58 of the Condominium Act.