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Step 2: Legal considerations

Condo corporations are legally required to take action immediately if a vibration:

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

Condo corporation governing documents

You can determine what is allowed in your condo building when it comes to vibrations by reviewing your condo corporation’s declaration, rules and by-laws.

Those governing documents may also contain provisions  limiting vibrations through that:

  • Restricting activities like dancing, exercise, moving or renovating
  • Restricting the use of common elements
  • Requiring repairs of units or common elements

A condo corporation’s governing documents must be consistent with the Condo Act. The condo corporation’s by-laws and rules must be consistent with the declaration and must be reasonable.

How does the Condo Act apply?

The Condo Act prohibits activities in units or common elements that cause unreasonable nuisances to a person’s right to enjoy their condo unit.

Several factors influence whether a vibration becomes unreasonable, including:

The source

The intensity

How long it lasts

How often it happens

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

What does the Condo Act say?

Section 117 (2) prohibits anyone from carrying on or allowing an activity that causes an unreasonable nuisance.

Section 119 (1) requires everyone to comply with the Act and the condo corporation’s governing documents.

Section 17 (3) requires condo corporations to enforce their governing documents.

Necessary repairs

Generally, owners are responsible for maintaining their own units while corporations are responsible for maintaining common elements. Common elements could include things like piping, garage doors, etc.

A condo’s governing documents may alter these responsibilities so make sure to check them so you can determine responsibility.

Municipal by-laws

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

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

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