Noise Complaints in Condos: The Perils of Failing to Enforce Condo Rules

Property managers and condominium corporations should take noise complaints seriously or risk facing serious financial consequences. In a recent case, a condominium corporation that failed to enforce its rules prohibiting excessive noise was ordered to compensate an owner for the costs incurred to find alternative accommodation and was ordered to pay a significant costs award. The judge also criticized the property manager for not having taken the complaint seriously.

Ms. Dyke lived in a high rise condominium in Toronto. She quietly enjoyed the use of her unit from 1994 until 2007, when the owner in the unit above hers removed the wall-to-wall carpeting and replaced it with hardwood flooring. Following a complaint from Ms. Dyke, the corporation retained a sound transmission expert, who confirmed that there was more than average transmission of sound, and recommended that 65% of the floor space be covered with area rugs.