Upstairs cacophony has condo neighbour peeved

Q: The condo owners above me are constantly making loud noises. They drag things across the floor, play very loud music and there’s often thumping noises. I have called the office and complained to the manager but nothing has changed. I have even called security. What can I do to gain back some peace and quiet, besides selling my condo?

A: The Condominium Act of Ontario requires the corporation’s board of directors to enforce noise rules and bylaws. Doing nothing is not an option. Start keeping a log of the times and dates you are bothered by significant noise. Then write a letter to the board of directors care of the property manager. Detail the type of noise you are dealing with and the number of times security has been called. When security receives a noise complaint, it is logged in a daily report, a guard is dispatched to investigate and should have contacted the offender. In most cases, the management follows up with a letter to the offender.

Most disputes require mediation and arbitration between the complaining owner and the offender prior to any court application for compliance. If mediation/arbitration fails, the corporation should obtain an order of compliance from the courts.

If the corporation doesn’t follow through, the complaining owner can make an application to the court, either against the noisy neighbour, or the corporation for failing to enforce the rules. If the complaint goes to court, the judge will require proper documentation and paper trail to confirm that the owner in question made every effort possible to have the noise terminated.

The courts do not remedy noise complaints, but will support the corporation rules if they are reasonable and all attempts to achieve compliance have been carried out.

Source: The National Post

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