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Noisy Condo Tenants

PIX

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I didn't imagine it would be this bad when I moved into Neo at Concord Cityplace half a year ago. I think most of the units around my condo are populated by tenants. The worse being the teenage girls and dog living above me. They constantly bounce a hard ball on my ceiling when playing with the dog and the guys they invite bounce a basket ball around -not to mention the ruckus from their parties. When security asked them to stop they proceeded to ramp up the noise all day long and it's gotten much worse since. As security has no way to convince these people to be reasonable and police never show up is there any legal options I can try?
 
I've actually never lived in a condo and next year will be my first, so there's a little anxiety surrounding the noise level of neighbours. I'm not really used to noise, since I live with my parents in the country. If I encountered that situation, I'd likely speak to those individuals in a pleasant matter face to face, or drop a little pleasant note under their door and see what happens from there. Try to have a very friendly and laid back demeanor, despite the fact that you're quite annoyed and frustrated.
 
Your best bet would just be calling the police to keep them quiet. Or else ask management to do something about it. If a rule is added, the security will have to enforce it.

Not all units are bad. So far I haven't had neighbour problems in scarborough or downtown.
 
I didn't imagine it would be this bad when I moved into Neo at Concord Cityplace half a year ago. I think most of the units around my condo are populated by tenants. The worse being the teenage girls and dog living above me. They constantly bounce a hard ball on my ceiling when playing with the dog and the guys they invite bounce a basket ball around -not to mention the ruckus from their parties. When security asked them to stop they proceeded to ramp up the noise all day long and it's gotten much worse since. As security has no way to convince these people to be reasonable and police never show up is there any legal options I can try?

Keep notes on all reasonable disturbances for a two or three week period noting all details including dates, and times. Send a letter (not an email) to the attention of the Property Manager (find out his or her name), state the nature of the problems in a clear and concise manner, all details that you have documented and ask what can be done to resolve the problem. Be sure to ask for a written response. Just as important, be sure to copy the Board of Directors of the complex. That puts a bit of added pressure onto both the Property Manager and the BoD.
 
Thanks for all the suggestions.
It's very disconcerting to not have peaceful enjoyment of one's own home. I have been firing emails back and forth with Sabrina Silva at Property Management regarding this issue. She said she collects the security reports each day and if there are 3x reports of disturbance from a unit the people will get a letter from a lawyer and will have to pay the lawyers fees. I don't know how much the fees are. Hopefully the fees are high enough to be a deterrent? Do you think it would be useful to bring this into some form of arbitration via the Landlord and Tenant Board?
 
Anyone who is having problems with noisy neighbours should slip a copy of this story under their door.
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Toronto Star
Dec 20, 2008 04:30 AM
Comments on this story (6)
Bob Aaron

A decision of the Superior Court of Justice in Toronto earlier this year clarifies the huge financial risks a condominium owner assumes if he or she is found to be in breach of the rules of the corporation.

Anthony Italiano bought a Toronto condominium unit on Marine Parade Dr. in October 2006. Before taking possession, he obtained permission from the condominium corporation to install laminate hardwood flooring in his home. Shortly after he moved in, the corporation received noise complaints from the owners of two units beside and underneath his own.

In early 2007, building security visited Italiano's unit and reported that the sound coming from inside was "loud." Building management contacted the condominium lawyers who sent a letter demanding that the noise cease. An arbitration between the parties took place in August 2007. At the hearing, Italiano requested that the common element walls of his unit be tested for deficiencies which might account for the transmission of noise.

Several months later, an independent acoustics report was delivered to the arbitrator. It concluded that the sound transmission material in the building complied with the Ontario Building Code standard, "although, barely."

In early January this year, the arbitrator concluded that Italiano's unit "had been a frequent source of noise that was annoying, disruptive and constituted a nuisance to other occupants in the building." As well, "there was overwhelming evidence" that the unit "was a frequent source of unacceptable noise generated at all hours of the night and day in total and callous disregard for the welfare of others."

Other than referring to the installation of hardwood flooring, the published court decision does not make clear what kind of noise was coming from Italiano's unit.

The arbitrator ruled that Italiano had breached various sections of the condominium's declaration and rules and ordered that he comply with them.

As well, he ordered that Italiano pay a total of $81,865.07 in costs to the condominium corporation. Included in the award were the arbitrator's fees of more than $35,000, and legal fees of $39,000 for the condominium's lawyer.

In July, Italiano asked the Ontario Superior Court for permission to appeal the arbitration award against him. Other than a reduction in costs by slightly more than $4,000, his application was dismissed.

In the spring of this year, a certificate of lien was registered on the title to Italiano's unit to secure the costs order of $77,762.57. This registration means that the unit cannot be sold or refinanced without paying the amount owed to the condominium corporation.

By law, a condominium corporation has the right to sell a liened unit under a Power of Sale in order to recover the amount owing to it. After paying off any outstanding mortgage, taxes, common expenses and other debts, the condominium gets to keep any surplus up to the amount owing under the lien.

In my practice, I have found not all condominium corporations are as aggressive as this one in attempting to ensure peace and quiet for its unit owners. Often, noise and other issues can be resolved in a meeting among the parties involved, without resorting to expensive mediation and arbitration proceedings.

I have also found that few unit owners are willing to push those proceedings to the extent that tens of thousands of dollars in legal costs are incurred. Residing in a condominium is an exercise in community living. Boards are elected to implement and enforce rules so that all owners can enjoy their units in peace and quiet.

The Italiano case also provides a valuable lesson for purchasers of new construction and resale condominiums. If you're buying from a builder, get the floor and wall sound transmission specifications in writing. If you're buying resale, check it out yourself. Or buy earplugs.

Bob Aaron is a Toronto real estate lawyer and board member of the Tarion Warranty Corp. He can be reached at bob@aaron.ca.
 
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Thanks for all the suggestions.
It's very disconcerting to not have peaceful enjoyment of one's own home. I have been firing emails back and forth with Sabrina Silva at Property Management regarding this issue. She said she collects the security reports each day and if there are 3x reports of disturbance from a unit the people will get a letter from a lawyer and will have to pay the lawyers fees. I don't know how much the fees are. Hopefully the fees are high enough to be a deterrent? Do you think it would be useful to bring this into some form of arbitration via the Landlord and Tenant Board?

You may be in what's considered a commercial property, call the Landlord and Tenant Board to see if condo rentals are covered.
If the problems continue, the owner or his/her agent will be contacted about the ongoing problems as I believe they would have to initiate eviction so long as the Property Manager has been documenting the information that you are submitting. It sounds to me like she is on the ball and doing what is expected.
 
This is gist of what I got from the Landlord and Tenant Board operator:

-Property Managment files an N5 (terminate early) notice with the tenants that covers a 20 day period and they have 7 days to cease the annoying activities.

-If tenants refuse Property Management files an L2 to terminate and evict tenant.

-If Property Management doesn't resolve the situation I can file a T2 against Property Management.
 
Good luck. As a condo owner you don't really have any rights or protection.

wrong you have as much rights as the board permits.When choosing a condo I bought one that is not a "rental friendly" location where TTC is easy to excess and there isnt any clubs or bars for 1/2 KM in either directions.I notice that condos in the heart of the city tends to be more problematic about noise and rowdy rental tenants.I know as a investment point downtown is the place to be but to actually live in the condo I bought one west of Toronto.Its still a very desirable place to rent but not a TTC friendly location.
 
wrong you have as much rights as the board permits.

..and if your board is as useless as most are, you have no recourse.
Have you ever wondered why Rosario marchese started that condo owners association?
Perhaps if you perused some of the condo owners forums you'd be aware of the problems condo owners face in Ontario.
 
Yep. I'm in a very messy condo situation right now. It's really turned me off condos altogether, though I am sure most people don't ever have issues where the condo board is a problem.

If I got out of here, I'd be likely to rent for a while and buy resale with due dilligence (get board meeting minutes, financials, reserve fund study, talk to owners to see if things work well).

I'd suggest that, if buying a condo, go resale and do homework before purchasing.
 
If you're buying from a builder, get the floor and wall sound transmission specifications in writing.

Today, that is minimum code - which is lousy. Sound transmission through walls and windows is typically a joke.

Otherwise, there is no way to check what sound transmission is like until you live in a place. Without certain specific renovations, any sound transmission between units will remain a problem. Add to that, neighbours don't come with sound specifications attached, and a minority of them can be complete and selfish assholes when it comes to noise.

If you have noisy neighbours, do what was mentioned above: record times and dates of incidents. Make sure you have the correct suite number of the location of the noise. Send them to your property manager and follow up with the PM concerning their action. Not all property managers or management companies are created equal; some or lazy and useless.

Also, check your building rules (some have amended rules, but all typically include a section about "quiet enjoyment"). Look for the rules concerning moving in/out, or renovations in order to raise issues about things such as power tools being used at 11:00 PM (personal experience here). Persistent barking dogs can be deemed a nuisance, and the owner will have to get of the dog.

Never buy into the notion that if you live downtown that you have to put up with excess noise. This is a BS excuse for someone else not wanting to do something.
 
..and if your board is as useless as most are, you have no recourse.
Have you ever wondered why Rosario marchese started that condo owners association?
Perhaps if you perused some of the condo owners forums you'd be aware of the problems condo owners face in Ontario.

There are indeed poor, lazy and/or self-serving Boards but in fairness there are plenty of good one's who work extremely hard to serve the owners of the Corporation and work closely with the Property Manager/Administrator to ensure smooth building operations. I should add that it can at times be a very thankless job, but at other times very rewarding if working with a dedicated group of Board members who work hard to keep the Corporation running well and the owners happy.

Condo owners do indeed have rights, take the time to brief through the Condominium Act (Ontario). If the Property Manager/Administrator and/or BoD is not responding to your problem or if there are general building wide issues that are not being addressed you can take matters into your own hands by becoming active, not remaining passive. Talk to a couple neighbours and get a team out to Requisition a Meeting (you must clearly state the purpose(s) of the meeting) and start getting signatures. You need at least 15% of the building's owners to sign the Requisition for Meeting sheet. Once that is complete, make copies and either hand deliver or send the Requisition by registered mail to the President of the Board and as a courtesy, deliver a copy directly to the Property Manager/Administrator. The BoD must then call a meeting within 45 days and notify all owners of the event. At the meeting you can then address the issue(s) of concern and work towards resolution. Requisitioning a Meeting should not be over frivolous problems, the purpose of the Requisition is to address serious issues that affect the building or Corporation as a whole which are not being addressed.
 

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