Some sounds are a normal part of everyday life. They can become problematic, however, when the sound is persistent or excessively loud.

Unwanted noises can be caused by:

• Someone else’s behaviour within the condominium (e.g., noisy neighbours);
• A defect in the design and construct of the condominium (e.g., loud elevators); or,
• An external source outside of the condominium (e.g., nearby construction).

Examples of common noise issues include:

• Noises caused by neighbours or from neighbouring units, including shouting or yelling, loud television or music.
• Noises caused by the operation of common elements, including elevators, garbage chutes, or HVAC or plumbing systems.
• Noises coming from other buildings.

If you think your noise issue may be caused by another owner’s or occupant’s pet, you may be dealing with a Pets and Animals issue.

If your issue primarily relates to vibrations entering your unit (which may also be related to noise), you may be dealing with a Vibration issue.

Have a Question?

If you have a question about any of the information you’ve read, please contact us. We have a team available to answer any questions you may have.

Every condominium owner and occupant is required to comply with the Condominium Act, 1998 (the “Condo Act”), and with the condominium corporation’s governing documents (i.e. its declaration, by-laws, and rules).

If you are having an issue with noise, or if you received a complaint about how much noise you are making, you should start by reviewing your condominium corporation’s governing documents. Because living in a condominium often means living close to your neighbours, many condominium corporations have provisions in their governing documents to prevent unwanted noise.

If your condominium corporation has provisions in its governing documents relating to noise, these provisions would most likely be found in the corporation’s declaration or rules, though they may also be found in the by-laws.

By reviewing these documents, you can determine what is and isn’t allowed in your condominium corporation when it comes to noise. Depending on the issue, you may also want to review your corporation’s governing documents for other provisions that might be relevant, even if those provisions do not specifically mention noise or sounds.

For example, your condominium corporation’s governing documents may contain provisions that:

• Prohibit the creation of noises at certain times (e.g., a requirement that all owners/occupants cease all noisy activities after 11:00 p.m.).
• Prohibit certain activities that are likely to cause noises (e.g., no large gatherings in units, or restrictions on moving furniture or working on renovations after a certain time).
• Will allow the usage of certain items that are known to be quite loud but will prohibit them if they become a disturbance to others in the condominium (e.g., allowing the usage of water features on the common elements unless the noise from the water features starts to disturb unit owners).

If you are experiencing a noise issue, you may want to first review your condominium corporation’s governing documents for any noise-related provisions or obligations.

A condominium corporation’s governing documents are required to be consistent with the Condo Act. In addition, a condominium corporation’s by-laws and rules must be consistent with the declaration and must be reasonable.

For an overview of declarations, by-laws and rules, visit our website by clicking here.

Don’t have a copy of your condominium corporation’s declaration, by-laws or rules?

You can request a copy from your condominium corporation using the mandatory Request for Records form, available on our website.

How does the Condo Act apply?

Section 119 (1) of the Condo Act, requires everyone, including unit owners, occupants and your condominium corporation to comply with the Condo Act, and your condominium corporation’s governing documents. Accordingly, if your condominium corporation’s governing documents deals with noise, everyone is required to follow them.

Furthermore, under section 17 (3) of the Condo Act, condominium corporations are required to take all reasonable steps to ensure that everyone complies with the Condo Act and the condominium corporation’s governing documents.

If a noise issue does occur, it may need to be addressed immediately. Section 117 (2) of the Condo Act prohibits anyone from carrying on an activity or permitting an activity in the unit or common elements, if the activity results in the creation of or continuation of any unreasonable noise that is a nuisance, annoyance, or disruption in the condominium corporation.

Noise issues that interfere with a person’s right to use and enjoy their unit may constitute an unreasonable nuisance, annoyance, or disruption. Whether a noise issue is an unreasonable nuisance, annoyance, or disruption may depend on several different factors, including:

• the source of the noise;
• the intensity of the noise;
• how long it lasts;
• how often it occurs;
• whether it affects a person’s right to use and enjoy their unit.

The Condo Act prohibits everyone from causing an unreasonable nuisance, annoyance, or disruption in a condominium, regardless of what a condominium corporation’s governing documents say. Prolonged exposure to excessive or constant noise could impact an individual’s enjoyment of their unit.

A condominium corporation is legally required to take action to address a noise-related issue that:

• Is causing an unreasonable nuisance, annoyance, or disruption; or,
• Violates the Condo Act and/or corporation’s governing documents.

Accordingly, If you have a noise-related issue, you should notify your condominium corporation as soon as possible so they can deal with it.

If an owner or occupant is causing an unreasonable nuisance, annoyance, or disruption (either by doing something or failing to do something), or if they are not complying with the condominium’s governing documents, then the condominium corporation or another owner may take legal action against them, including filing an application with the Condominium Authority Tribunal (CAT).

Likewise, if a condominium corporation causes an unreasonable nuisance, annoyance, or disruption (either by doing something or failing to do something) then a unit owner may take legal action against them, including filing an application with the CAT.

Repairs and Maintenance

Some noise issues might be the result of malfunctioning components and might require repairs or maintenance to fix them (e.g., a loud HVAC system or elevator).

Under the Condo Act, owners are responsible for maintaining their own units and condominium corporations are responsible for maintaining the common elements. Condominium corporations are also responsible for repairing both the units and the common elements after damage.

That said, a condominium corporation’s declaration may alter who is responsible for repairs and maintenance – for instance, a condominium corporation’s declaration could specify that owners are responsible for repairing their own units after damage, or that owners are responsible for maintaining some of the common elements. If you have a noise issue related to repairs and maintenance, you should check your condominium corporation’s declaration to determine who is responsible.

For more information on repair and maintenance obligations, please click here.

Municipal By-Laws

While condominium corporations are required to ensure that everyone complies with the Condo Act and with the condominium corporation’s governing documents, they may not be able to control what happens outside of the condominium corporation’s property or physical boundaries. In such situations, you may need to review your municipalities by-laws or contact the organization responsible for your municipality’s by-law enforcement.

For example, your condominium corporation may not be able to address issues like:

• Noises coming from other buildings;
• Noises caused by traffic on nearby streets; or
• Noises caused by nearby construction.

Municipalities frequently have by-laws that prohibit noises or other activities that may cause noise, especially in the evenings and on weekends. For example, the noise by-law for the City of Toronto states that any noise in relation to construction is not permitted from 7 p.m. to 7 a.m. (except until 9 a.m. on Saturdays) and all day on Sundays or statutory holidays.

If something is permitted under a municipal by-law, the corporation may still prohibit it under the condominium corporation’s governing documents. The same is true in reverse, and sometimes the municipal by-laws will prohibit things that the governing documents allow.

Depending on the type of issue you’re experiencing, you may also wish to review your municipality’s by-laws, or contact the organization responsible for your municipality’s by-law enforcement.

If you have any questions about whether a municipal by-law applies to you, contact your municipality.

Have a Question?

If you have a question about any of the information you’ve read, please contact us. We have a team available to answer any questions you may have.

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