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Noise

Step 3: Solutions

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

Learn about human rights accommodations under the Ontario Human Rights Code

Take a moment to review the information available on the Ontario Human Rights Commission’s website so you can understand if you need accommodation under the Human Rights Code.

You may also want to review information on our website regarding the Ontario Human Rights Code.


Respond to the request

It is helpful to discuss the accommodation with the requestor before making a final decision. You may be able to work with the requestor to identify an accommodation that works for everyone.

Make sure to respond in writing and outline if:

  • You are willing to grant the accommodation
  • You need more information about the accommodation
  • You want to discuss possible accommodations
  • You are refusing to grant the accommodation.

You may wish to seek legal advice if you are unsure of how to respond

Use our sample noise letter templates for condo corporations

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Noise

Step 3: Solutions

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

Learn about governing documents and make the change

You can modify the governing documents by adding, removing or changing provisions, but you first need to identify which governing document you need to change. Provisions related to noise will most likely be included under the declaration or rules.

See our pages on governing documents to understand what aspect of condo life is governed by each and how changes can be made to each. Each document will have different requirements for meetings, quorum and voting.

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Pets and Animals

Step 3: Solutions for owners

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

Keep track of the issue with as much detail as possible

The date and time when the issue occurs

The type of issue you are dealing with

What you think the cause of the issue is

Any other important details


Identify who is causing the issue


Contact those responsible

The responsible parties may not know that they are causing an issue, so speaking to them about it may resolve the issue quickly. Send a letter if you are unable to speak with them or speaking with them has not changed the situation. You can use the CAO’s letter templates at the bottom of this page.

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

Give responsible parties an appropriate amount of time to get back to you and follow up if they delay. Consider filing with the Tribunal if you continue not getting an answer.

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Noise

Step 3: Solutions

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

Identify who is causing the issue

Investigate the source of the issue, including by speaking to those who reported it. If the source is a unit, determine if that unit is owned or leased by checking the record of owners and mortgagees or the corporation’s record of leased units.


Contact the individual causing the issue

Speak to whomever is causing the issue. They may not be aware, so speaking to them about it may resolve the issue quickly.

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. You will find templates at the bottom of this page. Make sure to keep copies of any letters you send them.

Here is where to direct the letters:

In this initial communication, you may want to identify:

What unreasonable noise they are causing

The provisions they may have violated

How they can resolve the issue

The board’s next steps if the issue continues

That they can formally request accommodation, if applicable

Your condo’s governing documents may set out a specific timeframe for resolving the issue. If they do not, you should give the owner or occupant a reasonable amount of time to resolve the issue.


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.


Determine what to do next

Depending on how the owner or occupant responds, you could:

  • Call a meeting to discuss how the issue could be resolved with the owners and anyone else affected
  • Learn more about how to handle a request for accommodation if a resident requests one.
  • File an application with the Tribunal

Use our sample noise letter templates for condo corporations

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Noise

Step 3: Solutions

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

Learn about human rights accommodations under the Ontario Human Rights Code

Take a moment to review the information available on the Ontario Human Rights Commission’s website so you can understand if you need accommodation under the Human Rights Code.

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


Request an accommodation from your condominium corporation

Your next step is to write to your condo board or manager to request an accommodation. Typically, your condo board or manager will reach out to you to discuss your request after they have received it.

It is important for you and your board to work collaboratively to come up with an accommodation that will meet everyone’s needs. You should participate in discussions about potential solutions with your corporation.


Contact the Human Rights Legal Support Centre

You may want to consult the information available through the Human Rights Legal Support Centre if your condo does not grant your accommodation request.

The HRLSC is a not-for-profit provincial agency that provides free legal assistance to individuals who feel they have experienced discrimination under the Human Rights Code. The HRLSC may assist you in working with your condominium corporation to resolve your disagreement with your condo. If needed, they might assist you in filing an application with the Human Rights Tribunal of Ontario.


Contact the Human Rights Tribunal of Ontario

The HRTO is a tribunal that resolves cases dealing with discrimination and harassment under the Code. Consider filing an application with the HRTO if you have followed the steps above and your condo still refuses to provide you with accommodation. You may wish to seek legal advice if you need assistance filing an application with the HRTO.


File an application with Condo Authority Tribunal

You may be able to file an application with CAT depending on the type of issue you are experiencing. The CAT can only hear Human Rights Code related issues if those issues are related to a dispute that falls within its regular jurisdiction.

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

  • The dispute does not relate to an unreasonable noise or to provisions in your condo corporation’s governing documents dealing with noise.
  • There is a decision or order from the HRTO that deals with the same issues.

The Supreme Court of Canada decided in Tranchemontagne v. Ontario (Director, Disability Support Program), [2006] 1 S.C.R. 513, 2006 SCC 14, that all tribunals are obligated to deal with Code-related issues but only if those issues are related to a dispute that otherwise falls within the CAT’s jurisdiction.


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Noise

Step 3: Solutions

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

  • Describe your situation
  • I think my corporation’s governing documents are inconsistent, unreasonable or have been improperly implemented

What kind of issue do the documents have?

The declaration, by-laws and rules taken together make up your corporation’s governing documents. There are three main types of issues that these documents could have:


Contact your condo board

Start by contacting your board and management. They may agree with you about changing the governing documents.

If they don’t, you may also wish to seek legal advice from a paralegal or lawyer licensed by the Law Society of Ontario.

You may be interested in the Law Society Referral Service, which is an online service that connects people in need with licensed lawyers and paralegals. The service is free and you may receive up to a half-hour free consultation.

CAO cannot provide legal advice.

You can also send a templated letter if you are uncomfortable speaking to your board or if you have spoken to them and it has not worked. You will find templates at the bottom of this page. Make sure to keep copies of any letters you send them.


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Noise

Step 3: Solutions

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

Consider your next step

Did a neighbour or your condo corporation claim that you are causing unreasonable noise or are not complying with your condo’s governing documents? Here’s some suggested actions you can take depending on your situation:

Do you believe your corporation’s governing documents need to be changed?

You can read more about how to raise your concern with the board, but you must still comply with them in the meantime. Communicate with your board early and often about this so you may open the door for a quick resolution. Owners or condo corporations may file a Tribunal case against you if you do not comply.

You may wish to seek legal advice from a paralegal or lawyer licensed by the Law Society of Ontario.


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Short-Term Rentals

Step 2. Legal Considerations

Condo corporations often have provisions about short-term rentals which usually range from a single day to several weeks. Long-term rentals are usually for several months to a year.

Review the condo corporation’s governing documents

Review your condo corporation’s declaration, rules or by-laws to see if there are any short-term rental provisions or obligations. You can request a copy from your condo corporation using the mandatory Request for Records form.

Examples of short-term rental provisions:

  • Prohibiting certain types of tenancy agreements
  • Limiting which amenities short-term tenants can access
  • Limiting how often owners can rent out their units.

Condo owners who rent their unit on a short-term basis are responsible for their unit’s occupants, their occupants’ guests and their behaviour in the condo building. This can also extend to any damage that a short-term occupant or their guests cause to common elements.

Notify your condo corporation if you have a short-term rental issue so they can deal with it as soon as possible because, by law, they must address violations.

A condo corporation or owner can take legal action against another condo owner, occupant or short-term tenant by filing an application with the Condominium Authority Tribunal if they are:

  • causing a nuisance, annoyance or disruption
  • not complying with the condo corporation’s governing documents

 

The Tribunal can only deal with short-term rental issues if:

  • the condo corporation’s governing documents prohibit, restrict or otherwise govern short-term rentals
  • the short-term rental issue is causing a nuisance, annoyance or disruption involving noise, odour, light, vibration, smoke or vapour.

 

The Tribunal cannot deal with disputes that involve dangerous situations which have caused or are likely to cause injury, illness or damage to a condo unit or common element.


Review municipal by-laws

Check your municipal by-laws because some municipalities prohibit short-term rentals or require owners to obtain a licence or register. The City of Toronto, for example, requires short-term rental operators to register with the city before they rent out their property for less than 28 consecutive days.

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File an application with the Tribunal

The Condominium Authority Tribunal is an online tribunal dedicated to resolving condo disputes conveniently, quickly and affordably. You may be able to file an application with the Tribunal after you’ve tried everything else, your issue still hasn’t been resolved and your condo corporation’s governing documents prohibit harassment.


How can the Tribunal help resolve my dispute?

The Tribunal has a three-stage dispute resolution process:

Stage 1 – Negotiation

You work with other parties to resolve issue

Stage 2 – Mediation

You work with a Tribunal mediator to resolve issues

Stage 3 – Tribunal Decision

The Tribunal conducts an online hearing and issues an order to resolve issues.


Who can file a harassment-related application with the Tribunal?

Unit owners, mortgagees and condo corporations can file applications with the Tribunal for a $25 non-refundable fee.


What kinds of disputes can be filed with the Tribunal?

The Tribunal can deal with disputes about the harassment provisions in your condo corporation’s governing documents including compliance, consistency, applicability and related compensation.


Are you considering representing yourself without a lawyer?

The CAO has developed a guide for Self-Represented CAT parties that helps them understand the role of the Tribunal, its jurisdiction, process and what they can expect when going through a case.

The Condo Authority Tribunal

File an application

Start the Application process
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