A recent case before the Superior Court of Justice has provided the Court with an opportunity to canvass the law with respect to compliance applications.
In MTCC No. 933 v. Lyn (2020) ONSC 196, a resident began to experience excessive noise from a neighboring unit throughout the night and into the early hours of the morning.
The resident took steps to minimize the extent to which her sleep was disturbed, to no avail. She kept a log of all the incidents and notified management, who often attended the unit and confirmed the excessive noise.
The Corporation sent several letters to the owner of the neighboring unit, and the noise briefly subsided.
Months later, in response to new complaints, the Corporation commenced a compliance application under Section 134(1) of the Condominium Act (the “Act”) against the tenant and owner (the “respondents”), seeking a declaration that the respondents had breached the Act, the Corporation’s Declaration, and Rules by creating excessive noise. The Corporation also sought an order requiring the respondents to comply with the Act and the rules.
Mediation and arbitration are typically required for noise disputes, pursuant to Section 134(2) of the Act; however, where a dispute involves both an owner and a tenant, the Corporation is permitted to go straight to a compliance application.
The Court (i) granted a declaration that the tenant had breached the Corporation’s Rules; and (ii) granted an order requiring the tenant to comply with the Act and the Rules.
Though some noise and disruption are expected in a condo community, residents must be mindful of their neighbors and consider the impact that their behavior has on other residents. Choosing to live in a condo community means abiding by that community’s rules – or facing a potential compliance application for failing to do so.