Your first step is to learn more about what is and is not allowed in your condominium corporation. You can start by:

• Reviewing the information available in Step #2 – Legal Considerations
• Reviewing your condominium corporation’s governing documents

You should also keep track of the issues you have been experiencing with as much detail as possible, including:

• The date and time when the issue occurs;
• The type of odour issue you are experiencing;
• Where you think the odour is coming from; and
• Any other details that might be relevant.

As noted in Step #2 – Legal Considerations above, the Condo Act prohibits unreasonable odour-related nuisances, annoyances, or disruptions. While the Condo Act does not define the term “unreasonable,” the following criteria may be relevant:

• The source of the odour;
• The intensity of the odour;
• How long it lasts;
• How often it occurs;
• Whether it affects a person’s right to use and enjoy their unit.

2. Determine who is causing the issue

Your next step is to determine who is causing the issue.

Depending on the issue, it may be obvious (e.g., you smell an intense odour emanating from the unit next to you). Sometimes, though, it may be hard to tell (e.g., you can smell a foul odour in the common elements, but you aren’t sure where it is coming from).

If you know the unit number of the person causing the issue

If you know the unit number of the person causing the issue, you should next determine whether the person is the unit owner or an occupant (e.g., a tenant or a guest).

• You can determine who owns a unit by checking the corporation’s record of owners and mortgagees. Under section 46.1 of the Condo Act, all condominium corporations are required to maintain a record of the names (and addresses) of all condominium unit owners.
• Owners are required to notify their condominium corporation if they lease their units. Condominium corporations are required to maintain a record of which units are leased under section 83 (3) of the Condo Act.

By looking at the record of owners and mortgagees and the record of leased units, you can determine whether the person is an owner or an occupant.

Don’t have a copy of these records?

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

If you don’t know who is causing the issue

If you don’t know who is causing the issue, you can still raise the issue with your condominium corporation.

3. Contact those responsible

If another unit owner or occupant is causing the odour issue, you may wish to speak with them directly. They may not know that they are causing an issue, so speaking to them about the issue may resolve your issue quickly.

If you do not feel comfortable speaking to them in person, or if you’ve spoken to them already and the issue has not been resolved, you may want to send them a letter. We have letter and email templates you can use, located in the Helpful Resources section at the bottom of this page.

If you are going to send a letter to another unit owner or occupant, you should also send a copy to your condominium corporation. That way, you can ensure that they are aware of the issue, and your corporation will have an opportunity to take steps to resolve it.

Similarly, owners are responsible for ensuring that occupants of their units comply with the Condo Act and the corporation’s governing documents under section 119 of the Condo Act. By notifying the owner of the unit, you can ensure that they are aware of the issue as well.

Your condominium corporation is legally required to take action to address an odour-related issue that:

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

To summarize:

• If the person causing the issue is a unit owner, then you should send your letter to both the owner and to your condominium corporation.
• If the person causing the issue is a non-owner occupant, then you should send your letter to the owner, the occupant, and to your condominium corporation.
• If you don’t know who is causing the issue, then you should send your letter to your condominium corporation.

You should keep a copy of your letter/email and note the date and time that you sent it.

If you send a letter/email and your issue isn’t resolved, proceed to #4 below.

4. Follow up

After you’ve contacted the other owner or occupant and your condominium corporation, they should take steps to resolve the issue. Depending on the nature of the issue, it may take some time.

If you’ve given them a reasonable opportunity but the issue has not been resolved, you can send a follow-up letter or email. You can use our Second Letter template, which you can find under the Helpful Resources section at the bottom of this page.

You should keep a copy of your letter/email and note the date and time that you sent it.

What if these steps don’t resolve my issue?

If you’ve tried the steps above and your issue still hasn’t been resolved, then you may be able to file an application with the Condominium Authority Tribunal (CAT).

Visit Step #4 – Condominium Authority Tribunal for more information.

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.

If you think your condominium corporation isn’t taking adequate steps to address an unreasonable odour issue caused by another owner or occupant, your first step is to learn more about what is and isn’t allowed in your condominium corporation. You can start by:

• Reviewing the information available in Step #2 – Legal Considerations above;
• Reviewing your condominium corporation’s governing documents;
• Determining if this issue is causing an unreasonable nuisance, annoyance, or disruption; and,
• Determining if there are any relevant municipal by-laws.

You should also keep track of the issues you have been experiencing with as much detail as possible, including:

• The date and time when the issue occurs;
• The type of odour issue you are experiencing;
• Where you think the odour is coming from; and
• Any other details that might be relevant.

As noted in Step #2 – Legal Considerations above, the Condo Act prohibits unreasonable odour-related nuisances, annoyances, or disruptions. While the Condo Act does not define the term “unreasonable,” the following criteria may be relevant:

• The source of the odour;
• The intensity of the odour;
• How long it lasts;
• How often it occurs;
• Whether it is permitted or prohibited by the condominium corporation’s governing documents; and,
• Whether it affects a person’s right to use and enjoy their unit.

2. Contact your Condominium Corporation

Your condominium corporation has a legal obligation to ensure that everyone complies with both the Condo Act and the governing documents.

If you don’t think your condominium corporation is taking adequate steps to enforce the governing documents or address unreasonable odour issues caused by another owner or occupant, you should send your condominium corporation a letter or email. We have letter and email templates you can use, located in the Helpful Resources section at the bottom of this page.

Your condominium corporation is legally required to take action to address an odour-related issue that:

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

By sending your condominium corporation a letter, you can ensure that they are aware of the issue, and they will have an opportunity to take additional steps to resolve it.

3. Follow up

After you’ve contacted your condominium corporation, they should take steps to resolve the issue.

Depending on the nature of the issue, it may take some time to resolve. If you’ve given your condominium corporation a reasonable opportunity but the issue has not been resolved, you can send a follow-up letter or email. You can use our Second Letter template, which you can find under the Helpful Resources section at the bottom of this page.

You should keep a copy of your letter/email and note the date and time that you sent it.

What if these steps don’t resolve my issue?

If you’ve tried the steps above and your issue still hasn’t been resolved, then you may be able to file an application with the Condominium Authority Tribunal (CAT).

Visit Step #4 – Condominium Authority Tribunal for more information.

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.

You can learn more about what the Condo Act says, and the role of your condominium corporation’s governing documents by visiting Step #2 – Legal Considerations.

If you are experiencing an unreasonable odour-related issue caused by your condominium corporation, you should also keep track of the issues you have been experiencing with as much detail as possible, including:

• The date and time when the issue occurs;
• The type of odour issue you are experiencing;
• Where the odour the odour is coming from; and
• Any other details that might be relevant.

As noted in Step #2 – Legal Considerations above, the Condo Act prohibits unreasonable odour-related nuisances, annoyances, or disruptions. While the Condo Act does not define the term “unreasonable,” the following criteria may be relevant:

• The source of the odour;
• The intensity of the odour;
• How long it lasts;
• How often it occurs;
• Whether it is permitted or prohibited by the condominium corporation’s governing documents; and,
• Whether it affects a person’s right to use and enjoy their unit.

If you believe your condominium corporation should implement or modify any provisions of its governing documents about odours (or general rules or restrictions that might also address the issue), owners can request a meeting to discuss their concerns. Find out how to requisition a meeting on our website.

2. Contact your Condominium Board

If you believe that the odour issue is being caused by the condominium corporation’s common elements, you may want to speak to your condominium board (and your condominium manager, if your condominium corporation has one).

If you don’t feel comfortable speaking to them in person, or if you’ve spoken to them already and the issue has not been resolved, you may want to send a letter. You can use our First Letter template, which you can find in the Helpful Resources section at the bottom of this page.

You should keep track of the issues you’ve been experiencing with as much detail as possible. This will help those you contact better understand the issues, and what’s causing the problem. It may be helpful to keep track of:

• The date(s) and time(s) that the issue occurs;
• The type of odour you are experiencing (e.g., what does it smell like);
• Where you think the odour is coming from; and
• The effect the odour has on your enjoyment of your unit or the common elements of the condominium corporation.

Your condominium corporation is legally required to take action to address an odour-related issue that:

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

You should keep a copy of your letter/email and note the date and time that you sent it. Keep in mind that it may take a few days to resolve your issue, particularly if it requires any repairs or maintenance.

If your issue isn’t resolved after contacting your condo board or condo manager, proceed to #3 below.

3. Follow up

After you’ve contacted your condominium board or condominium manager, they will hopefully take steps to address and resolve the issue.

If you’ve given them a reasonable opportunity to resolve the issue but the issue has not been resolved, you can send a follow-up letter. You can use our Second Letter template, which you can find under the Helpful Resources section at the bottom of this page.

You should keep a copy of your communication with the date and time that you sent it.

What if these steps don’t resolve my issue?

If you’ve tried the steps above and your issue still hasn’t been resolved, then you may be able to file an application with the Condominium Authority Tribunal (CAT).

Visit Step #4 – Condominium Authority Tribunal for more information.

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.

1. Identify the Issue

Your first step is to learn more about what is and is not allowed in your condominium corporation. You can start by:

• Reviewing the information available in Step #2 – Legal Considerations
• Reviewing your condominium corporation’s governing documents
• Determining if this issue is causing an unreasonable nuisance, annoyance, or disruption
• Determining if there are any relevant municipal by-laws

As noted in Step #2 – Legal Considerations above, the Condo Act prohibits unreasonable odour-related nuisances, annoyances, or disruptions. While the Condo Act does not define the term “unreasonable,” the following criteria may be relevant:

• The source of the odour;
• The intensity of the odour;
• How long it lasts;
• How often it occurs;
• Whether it is permitted or prohibited by the condominium corporation’s governing documents; and,
• Whether it affects a person’s right to use and enjoy their unit.

Important: Under the Condo Act, all owners and occupants are required to comply with the Condo Act and with the condominium corporation’s governing documents.

The Condo Act also prohibits anyone from causing an odour-related unreasonable nuisance, annoyance, or disruption, regardless of what your condominium corporation’s governing documents say.

If you do not comply with the governing documents or if you are causing an unreasonable nuisance, annoyance or disruption, another owner or your condominium corporation may take legal action against you, including filing a case against you with the Condominium Authority Tribunal (CAT).

2. Determine what to do next

Once you have reviewed the information above, you should determine what to do next.

• If you’re doing something that another unit owner, occupant or your condominium corporation believes to be causing an unreasonable nuisance, annoyance, or disruption, you should review the issue and consider stopping/complying with whatever you’re being asked to do as soon as possible.
• If you’re doing something that isn’t allowed under your corporation’s governing documents, you should consider stopping/complying with whatever you’re being asked to do as soon as possible.
• If you’ve reviewed the issue and you don’t think you’re doing anything wrong, you should respond to whoever contacted you and see if there is anything you can do to resolve the issue. You can do this in person, over the phone, or by letter/email. We have letter and email templates you can use, located in the Helpful Resources section at the bottom of this page. If you send a letter/email, you should keep a copy and note the date and time that you sent it.
• If you don’t understand what you’re being asked to do or why, you should respond to the sender and ask for more information.
• If you want to try to change your condominium corporation’s governing documents, you should review the information about governing documents on our website.
  • Note: Even if you’re going to try to change your condominium corporation’s governing documents, you still need to comply with them in the meantime. If you don’t, another owner or your condominium corporation may take legal action against you, including filing a case against you with the CAT.
• If you think that a provision in your condominium corporation’s governing documents is unreasonable, you should respond to whoever contacted you and your condominium corporation. If your condominium corporation agrees, they may initiate the process to try to change the corporation’s governing documents.
• If you don’t know what to do next and need advice, you may wish to seek legal advice from a paralegal or lawyer licensed by the Law Society of Ontario. If you don’t already have a lawyer or paralegal, you may be interested in the Law Society Referral Service, an online service provided by the LSO to connect people in need with licensed lawyers and paralegals. The service is free, and you may receive up to a half-hour free consultation. The CAO and our staff can’t provide legal advice.

Regardless of what you decide to do, you should communicate with your condominium corporation early and often. We have letter and email templates you can use, located in the Helpful Resources section at the bottom of this page.

Remember: If you don’t comply with the Condo Act or your condominium corporation’s governing documents, another owner or your condominium corporation may take legal action against you, including filing a case against you with the CAT.

What if these steps don’t resolve my Issue?

If you’ve tried the steps above and your issue still hasn’t been resolved, then you may be able to file an application with the CAT.

Visit Step #4 – Condominium Authority Tribunal for more information.

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.

If you think there is an issue with your corporation’s governing documents, you should first ensure that you can clearly identify and describe the problem.

Consistency and Reasonableness

• All three of a condominium corporation’s governing documents must be consistent with the Condo Act.
• A condominium corporation’s by-laws must also be reasonable and consistent with the corporation’s declaration.
• A condominium corporation’s rules must also be reasonable and consistent with both the corporation’s declaration and by-laws.

Procedural Requirements

Under the Condo Act, there are certain processes that must be followed to amend a corporation’s declaration, or to make, amend, or repeal the corporation’s by-laws and rules. If these processes are not followed, then those governing documents may not be enforceable.

For more information, you should review the information about governing documents on our website.

2. Contact your condominium corporation

Once you have identified the issue, you should contact your condominium corporation.

• If you think that a provision in your condominium corporation’s governing documents is unreasonable or inconsistent with another governing document or with the Condo Act, you should contact your condominium corporation’s board of directors and/or manager. If your condominium corporation agrees, they may initiate the process to change the corporation’s governing documents.
• If you think that your condominium corporation didn’t follow the right process to change your condominium corporation’s governing documents, you should contact your condominium corporation’s board of directors and/or manager.
• If you don’t know what to do next and need advice, you may wish to seek legal advice from a paralegal or lawyer licensed by the Law Society of Ontario. If you do not already have a lawyer or paralegal, you may be interested in the Law Society Referral service, which is an online service provided by the LSO to connect people in need with licensed lawyers and paralegals. The service is free, and you may receive up to a half-hour free consultation. The CAO and its staff cannot provide legal advice.

We have letter and email templates you can use, located in the Helpful Resources section at the bottom of this page.

What if these steps don’t resolve my issue?

If you’ve tried the steps above and your issue still hasn’t been resolved, then you may be able to file an application with the CAT.

Visit Step #4 – Condominium Authority Tribunal for more information.

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.

If you believe you require an accommodation under Ontario’s Human Rights Code (the “Code”) regarding the creation, presence or removal of certain smells or odours, you should first review the information available on the Ontario Human Rights Commission’s website.

You may also want to review information on our website regarding the Ontario Human Rights Code and your corporation’s governing documents.

If you have confirmed that you require an accommodation under the Code, proceed to #2.

2. Request an accommodation from your condominium corporation

Your next step is to reach out to your condominium board (or your condominium manager if your condominium corporation has one) to request an accommodation. You should do this in writing, so your condominium corporation understands exactly what kind of accommodation you are seeking, and for what reason.

After making your accommodation request, your condominium corporation will typically reach out to you to discuss your request. It is important for you and your corporation to work collaboratively to come up with an accommodation that will meet each party’s needs. It will often be helpful for you to participate in discussions about potential solutions with your corporation.

3. Contact the Human Rights Legal Support Centre (HRLSC)

If your condominium corporation does not grant you an accommodation, you may want to review the information available through the Human Rights Legal Support Centre (HRLSC). The HRLSC is a not-for-profit provincial agency that provides free legal assistance to individuals who feel they have experienced discrimination.

The HRLSC may assist you in working with your condominium corporation to resolve your disagreement with your condominium corporation and may assist you in filing an application with the Human Rights Tribunal of Ontario (HRTO), should you wish to do so.

For more information or to contact the HRLSC, please visit their website.

4. Contact the Human Rights Tribunal of Ontario (HRTO)

If you have followed steps 1-3 above and your corporation still refuses to provide you with an accommodation, you may want to consider filing an application with the HRTO. The HRTO is a tribunal that resolves cases dealing with discrimination and harassment under the Code.

If you need assistance in filing an application with the HRTO, you may wish to seek legal advice.

5. Consider filing an Application with the CAT

Depending on the type of issue you are experiencing, you may be able to file an application with the CAT.

As set out in the decision of the Supreme Court of Canada in Tranchemontagne v. Ontario (Director, Disability Support Program), [2006] 1 S.C.R. 513, 2006 SCC 14,  all tribunals, including the Condominium Authority Tribunal (CAT), have both an obligation and the limited authority to deal with Code-related issues, but only if those issues arise in a dispute that otherwise falls within the CAT’s jurisdiction.

That means that you may be able to file an application with the CAT if you have a dispute:

• About an unreasonable odour-related nuisance, annoyance, or disruption; or
• About a dispute about the provisions in your condominium corporation’s governing documents that deal with odour issues; and,
• That dispute also deals with an accommodation request.

Important: You may not be able to file an application with the CAT if:

• The dispute is solely related to an accommodation request; or,
• There is a decision or order from the HRTO that deals with the same issues.

Visit Step #4 – Condominium Authority Tribunal for more information.

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.