Noise, Nuisance, CAT and COVID
FEATURE
Noise, Nuisance, CAT and COVID Chris Jaglowitz, J.D., ACCI Common Ground Condo Law
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etween Ontarians staying home due to pandemic restrictions and the government’s stated intent to enact amendments to section 117 of the Condo Act and move those disputes to the Condo Authority Tribunal, it is no surprise that noise and nuisance is a hot topic this year. With drastic changes coming, now is a good time to take stock of the current situation and prepare for future changes. At present, most condo Declarations and rules prohibit noise and nuisance that disturb peaceful enjoyment of units and common elements. The enforcement process typically involves several communications from management, escalating from friendly reminders to more stern demands if the issue is not resolved early. Most disputes are solved quickly and in-house, but many are elevated as legal matters. As a best practice, several communications should go from management before a non-urgent matter is sent to the lawyers. And where the complaints relate to tenants, keeping the owner closely apprised of every step is necessary to recover costs later. But before taking any action on a complaint, evaluating the complaint critically is an essential and an often-overlooked step. It is not uncommon for Boards or managers to send a friendly reminder before determining that the complaint is sufficiently detailed or is actionable
Condo News – FALL 2020
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