Noisy Condo Tenants

[AGTO]

Condo owners do indeed have rights, take the time to brief through the Condominium Act (Ontario).

you should do the same, and take note of the number of unresolved issues, due to the lack of enforcement of the condo act of 1998.

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.

you have to hire a lawyer and go to court, since there is no governing body who enforces the legislation.

read gerry Hymans column for a number of examples.

 

[ducati0000]

Never back down from a issue,if the board doesnt do a thing send register letters to the offending parties,this will acknowledge they know about the problems but refuse to do something about it.You have proof that the issues was brought up.Talk to your neighbors and ask them if they have issues with this tenant,if you hear the noise the condos owners above and on the sides must have some noise issues also.If they do have issues its a homerun,get them together and sign a letter of complaints to the condo board.Knock on wood my friends condos are quiet,never big issues,there are large party rooms and theater rooms for quest to party at,thats the reason for them to avoid issues with condo owners about noise.

 

[PukeGreen]

I am following this thread with interest because over the years we have had a few loud neighbours as well. 99% are fine but every so often you get the odd one who seems to have no consideration that they live in a shared building and that certain sounds travel easily. Loud renovation noises at odd hours and dogs barking are the most common problems. Often the offenders are renters, not owners, and I find the shorter people stay the crappier of neighbours they tend to be while they are there.

Luckily our building takes noise complaints seriously, and the advice they always give is the same as what has been mentioned above: complain to the concierge desk or management office *every* time the noise incident happens, so they can log each occurrence and establish a pattern. If other neighbours are also complaining this solidifies your case greatly.

However, at the end of the day, barring legal proceedings I often wonder what can actually be done. Can someone really be evicted from a condo they own simply because they make noise? Lawsuits come with their own costs and stresses that may be worse than the noise itself. Luckily for us even the biggest idiots turned out to have some semblance of common sense and changed their behaviours after a series of formal complaints -- our neighbours with the dog that yapped frantically for 10 to 12 hours each day, for example, finally started putting the hideous rodent-like beast in 'doggy day care' while they are work and saved my sanity.

Some level of noise is a fact of life in a condo; I guess the grey area revolves around what is an acceptable noise of living and what is excessive and inconsiderate. I find it sad that newer buildings actually have *worse* soundproofing that older ones, due to cheap construction. With modern technology it should be getting better, not worse.

But even in the suburbs noisy neighbours can make your life a nightmare. Fence disputes, lawn disputes, parking disputes, car doors slamming at all hours of the night, raucous parties... short of living in the arctic, there's no real way to escape the inconsiderateness of humanity, I guess.

 

[dt_toronto_geek]

you should do the same, and take note of the number of unresolved issues, due to the lack of enforcement of the condo act of 1998.

Can you explain the above, I don't understand what you are saying.

you have to hire a lawyer and go to court, since there is no governing body who enforces the legislation.

read gerry Hymans column for a number of examples.

As I wrote, owners can requisition a meeting to address major problems with the Board of Directors. If the meeting fails to resolve the matter(s) owners can requisition another meeting to put the Board out, or a problem BoD member and then vote in a new BoD or BoD member.
Indeed owners may have to resort to a condominium lawyer which means raising funds to pay for an opinion on the problem, to write a letter to the BoD and then a retainer. This means that the Board has to hire a lawyer too, which comes out of the yearly budget (or the reserve fund if legal costs haven't been budgeted or if the costs exceed the budget). If it gets to this point of ugliness, all owners ultimately end up paying for these costs, including the costs incurred by the owner's lawyer should a judgment be made in the owners favour. Bottom line, change can be affected, and that was really the point of my post.

Re: Gerry Hymans, can you provide a link? I don't know who he is.

 

[AGTO]

Bottom line, change can be affected, and that was really the point of my post.

I got your point...I was just pointing out how naive you seem to be with respect to condo legislation in Ontario.


It's interesting how you concede that both parties will need a lawyer...and that the condo owner will have to pay for both of them....out of pocket and via maintenance fees....kind of supports my posts, thanks.

 

[PIX]

Update. Sabrina in Property Management spoke to the woman who is renting the unit above mine. She just learned that there are 3x females and a dog living in the unit -2 actresses, a student and a dog. The Tenant claims that the noise is coming from the unit across the hall from them occupied "by 2x Black men" and that they (the 4 of them) are very quiet. That makes perfect sense the bouncing ball, screaming females, high heel running, late night party ruckus is coming from across/above the hall from me. For an actress she is not very convincing.

Take note in the condo bylaws that the pet registration is a requirement. Sabrina is now informing me that I have to wait until September when the Board is formed and a lawyer is hired otherwise all I can do is file reports with security and call the police. I called the police but they didn't show. That stinks!

I located the bylaw regarding peaceful enjoyment in my unit:

CONCORD CITYPLACE
Block 24 Lands, Building M Condominium
Toronto Standard Condominium Corporation No. 2009
Rules and Regulations

Quiet Enjoyinent

(a) No owner or resident shall create or permit the creation or continuance of any noise or nuisance (either within
a unit or on the common elements) which, in the opinion of the board or property manager, may or does
disturb the comfort or quiet enjoyment of the units or common elements by other owners or their family
members, tenants, guests, licensees and invitees.

3. Pets

(a) All pets shall be registered with the property manager (which registration may involve photo identification).

 

[urbandreamer]

In Cityplace, two "actresses" may mean two "escorts"

pimps across the hall?

 

[dt_toronto_geek]

I got your point...I was just pointing out how naive you seem to be with respect to condo legislation in Ontario.

I sat as a BoD from 1999-2002, naive I am not. I learned an enormous amount during that time, especially the first year after turnover. However I do not claim to be a condominium lawyer, I was simply trying to pass on a little experience and offer options & hope to folks on the previous page.

It's interesting how you concede that both parties will need a lawyer...and that the condo owner will have to pay for both of them....out of pocket and via maintenance fees....kind of supports my posts, thanks.

Either you didn't follow what I wrote or what I wrote wasn't clear. I suggested a lawyer should the Requisition for meeting fail to solve the problem(s). A lawyer should probably be the last option (IMO).
Thanks for the link that I asked for, I was open to reading whatever it was you were referring to.

As I wrote, owners can requisition a meeting to address major problems with the Board of Directors. If the meeting fails to resolve the matter(s) owners can requisition another meeting to put the Board out, or a problem BoD member and then vote in a new BoD or BoD member.
Indeed owners may have to resort to a condominium lawyer which means raising funds to pay for an opinion on the problem, to write a letter to the BoD and then a retainer. This means that the Board has to hire a lawyer too, which comes out of the yearly budget (or the reserve fund if legal costs haven't been budgeted or if the costs exceed the budget). If it gets to this point of ugliness, all owners ultimately end up paying for these costs, including the costs incurred by the owner's lawyer should a judgment be made in the owners favour. Bottom line, change can be affected, and that was really the point of my post.

Re: Gerry Hymans, can you provide a link? I don't know who he is.

Have a nice day.

 

[AGTO]

Either you didn't follow what I wrote or what I wrote wasn't clear.

likewise, dude.

 

[w.ll.am]

likewise, dude.

Actually what dt_toronto_geek wrote was entirely clear and helpful while you cherry picked what to answer with your snideness and didn't actually lend anything usefull to the topic.

Thanks, dt_toronto_geek

 

[gei]

I won’t suggest you to take any legal action against these tenants because even if they leave, you might face even worst problems with some other tenants and how long are you going to fight this battle. It is better if you some how confirm about the neighborhood before taking the accommodation on rent next time.

I nominate this for the most useless post of the year.

 

[DSC]

I won’t suggest you to take any legal action against these tenants because even if they leave, you might face even worst problems with some other tenants and how long are you going to fight this battle. It is better if you some how confirm about the neighborhood before taking the accommodation on rent next time.

That is certainly not a very helpful, useful or even accurate post. Firstly, it is up to the BOARD of your Condo Corporation to enforce the Rules - it is not up to you, as an owner, to do this. The Rule about noise (Post#21) seems quite clear and it is up to the Board (and the Management Company they employ) to deal with the owner of the Unit and his/her tenants. As stated in Post #15 above you have ways to get the Board to act if they fail to do so.

 

[ash_p]

I often wonder what can actually be done. Can someone really be evicted from a condo they own simply because they make noise?

I also am wondering about this. I can see it being easier if you are dealing with renters, not sure how it would work dealing with owners. I am quite uneducated in these matters to be honest. The reason I ask, I just moved into my suite at London On The Esplanade. The people above me, they have to be the loudest, most obnoxious neighbours ever. Every weekend they have wild parties and are on the balcony yelling and screaming. They have been throwing stuff off the balcony onto the roof of the St Lawrence Centre, beer cans etc...they whistle and yell at people. Last night....they were at it until 5am!! I mean, I like to party as much as the next guy but seriously gimme a break!! Anyone know if there is anything I can do about it? Any comments are appreciated.

 

[lxmoss]

Cityplace sound proofing is absolute garbage. This is the reason I moved out of Cityplace. No one in their right mind would want to own property in any of these buildings. Purchasing in these buildings is a bad investment, and things like crappy sound proofing will not attract long-term owners.

My neighbour was extremely noisy and would often arrive home at 3am with 5 of his buddies and continue to party until 5 or 6am. Luckily, I was good friends with the owner below his unit as well. Together, each time one of us heard him making noise, we would contact each other and both make noise complaints. Eventually, or time, there was enough noise complaints written that formal letters were send from management office instructing him to be quieter.

It worked, for the most part. There was still the odd night where he would be partying too loudly, but all in all things got better.

Now I live in Spire, where the sound proofing is far better and before I moved in I had my real estate agent knock on the doors of the unit next door to get the dogs to start barking, while I listened from the master bedroom.

Long story short: do your due diligence when purchasing a resale unit, and don't buy in cityplace.

 

[PIX]

Cityplace sound proofing is absolute garbage. This is the reason I moved out of Cityplace. No one in their right mind would want to own property in any of these buildings. Purchasing in these buildings is a bad investment, and things like crappy sound proofing will not attract long-term owners.

My neighbour was extremely noisy and would often arrive home at 3am with 5 of his buddies and continue to party until 5 or 6am. Luckily, I was good friends with the owner below his unit as well. Together, each time one of us heard him making noise, we would contact each other and both make noise complaints. Eventually, or time, there was enough noise complaints written that formal letters were send from management office instructing him to be quieter.

It worked, for the most part. There was still the odd night where he would be partying too loudly, but all in all things got better.

Now I live in Spire, where the sound proofing is far better and before I moved in I had my real estate agent knock on the doors of the unit next door to get the dogs to start barking, while I listened from the master bedroom.

Long story short: do your due diligence when purchasing a resale unit, and don't buy in cityplace.

When I asked the sale guy at Cityplace Presentation Centre about the noise situation from upper neighbors he looked annoyed and said it wasn't an issue -no surprise coming from a salesman.

The tenants (from Hell?) haven't thrown any wild parties (thank God) in the last 4 weeks but their small dog never seems to sleep. I'm waken at all hours of the night. It drops things (toys?) on the floor almost every 10-20 minutes (day or night) and I can hear it running across my ceiling when I'm in bed. In fact I was waken so many time last night that by 2:30am I had to turn on my aircon (on a cool night) to filter out the noise. I can live with the late night, weekend howlings from morons in the amenities courtyard but this dog is really stressing me out.