Categories: Canadian Real Estate

Upstairs cacophony has condo neighbour peeved

Q: The condo owners above me are constantly making loud noises. They drag things across the floor, play very loud music and there’s often thumping noises. I have called the office and complained to the manager but nothing has changed. I have even called security. What can I do to gain back some peace and quiet, besides selling my condo?

A: The Condominium Act of Ontario requires the corporation’s board of directors to enforce noise rules and bylaws. Doing nothing is not an option. Start keeping a log of the times and dates you are bothered by significant noise. Then write a letter to the board of directors care of the property manager. Detail the type of noise you are dealing with and the number of times security has been called. When security receives a noise complaint, it is logged in a daily report, a guard is dispatched to investigate and should have contacted the offender. In most cases, the management follows up with a letter to the offender.

Most disputes require mediation and arbitration between the complaining owner and the offender prior to any court application for compliance. If mediation/arbitration fails, the corporation should obtain an order of compliance from the courts.

If the corporation doesn’t follow through, the complaining owner can make an application to the court, either against the noisy neighbour, or the corporation for failing to enforce the rules. If the complaint goes to court, the judge will require proper documentation and paper trail to confirm that the owner in question made every effort possible to have the noise terminated.

The courts do not remedy noise complaints, but will support the corporation rules if they are reasonable and all attempts to achieve compliance have been carried out.

Source: The National Post

Chris Stepchuk

Share
Published by
Chris Stepchuk

Recent Posts

We just had our depreciation report completed and are grossly underfunded. Now what???

As you probably know by now, depreciation reports are now mandatory in BC, and all…

6 days ago

Why many management companies don’t want to manage small strata properties

For those who live in a smaller/ medium sized strata communities (under 100 units), it…

3 weeks ago

Why do property management companies get such horrible Google reviews

If you’ve been searching for Strata Management Services, then there is a good chance you’ve…

4 weeks ago

What’s the difference between strata rules and bylaws?

The biggest difference between rules and bylaws, is that rules can only govern common assets…

1 month ago

Why the cheapest strata quote might not always be your best!

When it comes to awarding work to contractors, Strata Councils are notorious for choosing the…

1 month ago

Property Management has very little to do with actually managing properties!

This may seem completely counterintuitive, but the reality for most property managers and strata agents…

2 months ago