The Hidden Impact of New Nuisance Laws

The Condominium Act, 1998 has been amended to expand the jurisdiction of the Condominium Authority Tribunal (CAT) to include disputes related to noise, odour, smoke, vapour, light, and vibration (collectively known as "nuisance"). This new legislation removes the burden on unit owners to prove oppressive behavior or poor maintenance caused the nuisance and now requires them to demonstrate the existence of the nuisance and the condominium corporation's failure to rectify it. The CAT's jurisdiction does not cover disputes involving tenants, and only condominium corporations and unit owners have the right to initiate CAT applications. Recent case law examples illustrate the duty of condominium corporations to respond properly to complaints about nuisances. The article recommends best practices for investigating and resolving nuisance complaints and advises condominium corporations to seek legal advice to implement a strong action plan in response to such issues.