’Twas the Night Before Compliance: A Condo Christmas Tale
Gather ‘round, children. It’s that time of year again for your Condo Adviser Christmas story.
🎄 ’Tis the Season in Condo Land
Snow had been piling up on Condo Land. Lights had been twinkling and, in many condo lobbies, stood a crooked Christmas tree that had seen far too many AGMs.
Somewhere above Condo Land, far, far above, in the magical kingdom of the Condo Authority Tribunal, an exhausted adjudicator sat at a desk made of recycled paper proxies. There she was sorting through the typical holiday condo disputes. You know, the classics:
- Is a giant inflatable Christmas Grinch on my balcony seasonal furniture?
- Is a 3 a.m. Karaoke version of “All I want for Christmas” a noise violation or a cry for help?
- Is the star of Bethlehem on the lobby Christmas tree a human rights violation or a light nuisance?
✨ One Case That Sparkled Brighter Than the Rest
But that night, one CAT case twinkled a little brighter than the others and attracted the adjudicator’s attention.
It had all of the right ribbons and bells: short-term rental, breach of the single-family provision, suspected commercial activity, hoarding and elevator misuse, all wrapped in an extraordinary noise violation. This case had enough disruption to sour eggnog.
🔊 No Silent Night
It all started when a new owner was said to have taken possession of unit 2412 in late November.
While ownership transfer had been confirmed, little was known about the new occupant: no move-in booking, no elevator reservation, no owner info and no lease summary (even though a tenancy was suspected).
If the new occupant was nowhere to be seen, he had certainly been heard.
The first complaints were about significant noise during late-night hours – heavy thumping, dragging of furniture, intermittent hammer-like impacts… All well past midnight, every night. Neighbours initially suspected move-in disruption but the noise kept increasing as November turned into December.
Then came increased traffic, with a high number of individuals repeatedly entering and exiting the unit at all hours. At any given time, up to half a dozen of unfamiliar individuals rode the elevator up and down, cramming boxes, bundles and bulky items into an unpadded elevator. They dressed differently, they spoke a foreign language and, if we’re going to be honest, they didn’t smell very good.
📦 Complaints STACKed Up
Complaints started to STACK up, almost as high as the packages being dropped in the mail room, all addressed to unit 2412.
For many owners, this was a clear-cut case of nuisance and possibly unauthorized commercial activities. Some even suspected hoarding or the operation of a rooming house. Certainly, the frequency of night-time disturbances, the unusual movement of construction materials, the swarms of unfamiliar individuals coming and going was very disruptive.
By mid-December, the board had STACKed up all of the evidence it needed:
- Noise recordings;
- Witness statements;
- Surveillance footage showing large groups entering the elevator with large, unprotected items;
- Logs of repeated late-night disturbances…
The Board eventually filed an urgent CAT application.
⚖️ All I Want for Christmas Is a CAT Application
In the hope of getting things resolved before the holidays, the Board asked for Stage 1 and Stage 2 to be skipped and for the matter to be fast-tracked to adjudication. The situation was so dire that the CAT took the extraordinary step of dispatching the adjudicator to go on site, in person, to observe first hand what was going on at the condo.
And that is how, a poor seasoned adjudicator ended up at this condo, on December 24. She was met in the lobby by the Board, the Super and by a group of exasperated owners who wanted to have a Silent Night. Together, they rode the elevator to the 24th floor.
🛷 A Breach… of a Different Kind
This inspection could not have come at a more opportune time. Noise was totally out of control, with the unmistakable sound of a circular saw and something heavy being scrapped across the entire unit out onto the balcony.
When they came out of the elevator, they froze!
There, standing in the hallway outside of unit 2412, was the owner! A broad red figure with shiny black boots planted squarely onto the carpet. His suit was a deep, velvety red, trimmed in white, with a wide black belt around his waist. With a twinkle in his eyes, his beard spilled down his chest in magnificent disorder. His cheeks were rosy, his laughter was warm and deep. Over one shoulder rested a massive pouch, which (oddly enough) was not red. It was more of a salmon pink colour, with white stripes.
Behind him, through the open balcony door, was an enormous sleigh and reindeers that definitely did not fall under the definition of approved pets at this corporation. Yet, there they were, on the balcony, antlers and all, pawing gently at the snowy air.
“Evening, folks!” said the bearded man with a friendly nod. “Sorry for the ruckus these last few weeks. Big night ahead… ”
The adjudicator was sifting through the regulation setting out the Tribunal’s jurisdiction. Other than noise, pets and perhaps light nuisance caused by one of the reindeer’s nose, this seemed to fall outside of it. Maybe she could just shut this case on the basis of jurisdiction and make it back home in time for supper.
Before anyone could speak, the jolly man tapped the side of his nose, winked, and with surprising agility climbed into the sleigh. He then called out his reindeers:
Now, Rod! now, Jason! now, Josh!
On, Justin! on, Graeme! on Levon!
From lobby to penthouse, from courtyard to hall,
Now Stack away! Stack away! Stack away all!
The sleigh lifted, silently and gracefully into the cold Christmas Eve sky. Hooves sparkled. Bells jingled. And Santa Claus soared above Condo Land, leaving a trail of magic glitter.
Off in the distance, all heard Santa’s voice:
“Merry Christmas to all! And to all a good night!”
**********
Here you have it folks! As the year draws to a close, we take stock of all of our collective challenges and accomplishments. It sure was a busy year!
This period also draws us to look at what lies ahead, just beyond the holidays.
Next year promises to bring its share of changes, surprises and new opportunities. Those of you who know, picked up on some clues in this year’s Christmas fable. Those who don’t know yet will have to wait just a little longer to see what Santa is bringing Condo Land next year in that big salmon-pink box. The tag reads “A Smarter Way to Condo Law”…
It’s going to be a very exciting year for the Condo Adviser team and their new friends… We hope you tag along!
In the meantime, we wish everyone a joyful and safe holiday season!
Joyeux Noël!