Noise

Step 3: Solutions

Here’s what to do now that you’ve identified your issue.

Keep track of the noise issue with as much detail as possible

The date and time when the noise issue occurs

The type of noise issue you are hearing

Where you think the noise is coming from

Any other important details


Determine who or what is causing the issue

You should contact your condo board if you can’t determine the source of the noise. Otherwise, find out who owns the unit that is causing the noise and get in touch with them.

You can learn who owns a unit by reviewing a condo record called the Record of owners and mortgagees. This record includes the names and addresses of all unit owners in your condo corporation.

Owners are required to notify their condo if they rent out or lease their units. Condo corporations are required to maintain a record of the notices they receive under the Condo Act.

You can review these records to determine if the person causing the noise is an owner or an occupant

Condos are required to maintain a record of owners and mortgagees under section 46.1 of the Condo Act.

Condos are required to maintain a record of notices of leased units under section 83 (3) of the Condo Act.

You can request copies of these records from your condo corporation.


Contact those responsible

Your neighbour may not be aware that they are causing you an issue. The first step should always be to speak to them and see if you can quickly resolve the issue without needing to file an application with the Tribunal.

You can also send a templated letter if you are uncomfortable speaking to them or if you have spoken to them and it has not worked.

Here is where to direct the letters:

Copying your condo corporation in your correspondence gives them an opportunity to intervene and resolve the issue quickly. Make sure you also keep a copy of the letter or email for yourself and note the date and time you sent it.


Follow up

Send a follow up letter if the other party does not respond to you after a reasonable amount of time passes after you send the first letter. Keep copies of any follow-up as well.

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Noise

Step 4: Condominium Authority Tribunal

You may be able to file an application with the Tribunal if you tried the previous steps and it did not work. The Tribunal provides an online dispute resolution system that helps condo communities resolve condo disputes conveniently, quickly and affordably.

About the Tribunal

CAT uses a three-stage dispute resolution process:

  • In Stage 1 – Negotiation, you will work with the other parties to try and resolve the dispute.
  • In Stage 2 – Mediation, you will work with a mediator to try and resolve the dispute.
  • In Stage 3 – Tribunal Decision, you will be able to make your case to a Tribunal Member in an online hearing. The Member will then issue a binding order.

Only owners, mortgagees and condo corporations can file a noise-related application.

The Tribunal can deal with two different types of noise disputes:

  1. Disputes about unreasonable nuisances, annoyances or disruptions.
    • You can file an application about an unreasonable noise issue regardless of what your condo’s governing documents say.
  2. Disputes about noise provisions in your condo’s governing documents. This includes disputes involving:
    • Compliance with provisions in the corporation’s governing documents related to noise
    • The consistency or reasonableness of those provisions
    • The applicability of those provisions
    • Any related indemnification or compensation

Learn more about the Tribunal’s process and the Tribunal’s jurisdiction


The Condo Authority Tribunal

File a Tribunal application

File a Tribunal application
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Noise

Step 3: Solutions

Identify your situation to get started and try out our tailored solutions before deciding if you need to escalate your issue.

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Noise

Step 2: Legal considerations

The Condo Act prohibits anyone from causing an unreasonable noise nuisance, annoyance or disruption in a condo. Corporations often also have prohibitions against creating unwanted noise in their governing documents.

There may be municipal by-laws regarding noise, depending on where you live.

What counts as ‘unreasonable’ noise?

Noises can be unreasonable if they interfere with someone’s right to use and enjoy their unit. The Condo Act prohibits unreasonable noise in units or common elements regardless of what the condo’s governing documents say.

Whether noise is unreasonable depends on:

The source

The intensity

How long it lasts

How often it happens

If it affects someone’s right to use and enjoy their unit


Condo governing documents

Each condo corporation has unique provisions dealing with noise in their governing documents and what is allowed varies from community to community. Generally speaking, noise provisions are intended to ensure that residents can enjoy their units in peace. Everyone must comply with the governing documents and boards must take reasonable steps to enforce compliance.

Examples include provisions that prohibit loud noises after 10 p.m. or using loud equipment, such as power tools.

Your first step should always be to check what your governing documents say if you are dealing with a noise issue. Provisions on noise are most likely found in the declaration or rules


Municipal by-laws

Condo boards may not be able to control noise from outside the corporation’s property. This includes noise coming from other buildings, traffic or nearby construction. This is an area that is governed by your local municipality through their bylaws.

You may need to address this by reviewing those bylaws and contacting local enforcement bodies.


Necessary repairs

Poor maintenance of the condo can also lead to noise, such as noise coming from ventilation or piping. You need to determine who is responsible for repairs before you can address the noise. Your condo’s declaration will outline responsibilities for repairs and maintenance. Generally, condos are responsible for repairing common elements.


Addressing noise issues

Condo boards or owners may take legal action against residents that cause unreasonable noise, including by filing an application with the Condominium Authority Tribunal.

Owners can also take action against a corporation that is either causing an unreasonable noise or is not taking adequate steps to address an noise created by other residents.

Only owners and condo corporations can file cases with the Tribunal. Tenants or other non-owner occupants should contact the unit owner if they have a noise issue.

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Noise

How to Deal with a Noise Issue

Living in a condominium means you may sometimes hear noises coming from other units or common areas. Some sounds are an unavoidable normal part of everyday life. But what can you do when persistent noise becomes an issue? The Condo Act protects you from unreasonable nuisances, including noise.


Step 1. Identify the issue

Noise can be considered a nuisance if it is excessively loud, persistent and disruptive. Common sources include another resident, a utility, an amenity, piping, ventilation, or an external source, such as construction.

Here’s some common examples:

Footsteps

People walking or running

Voices

Neighbors talking or arguing

Doors

Slamming doors throughout the building

Appliances

Dishwashers, washing machines, dryers, etc.

Pets

Meowing, barking, chirping, singing, etc.

Music and TV

Especially bothersome late at night.

Renovations

Drilling, hammering, etc.

 

We encourage condo communities to work collaboratively to resolve noise issues before they escalate. Continue to next step to find out more.


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