News   Jun 25, 2024
 1K     1 
News   Jun 25, 2024
 878     0 
News   Jun 25, 2024
 1.5K     3 

Noisy Condo Tenants

The board has to respond. That is their duty and they are legally bound to deal with deviant owners or they need to resign from the board.

So what if they ignore your complaints? Then there is little you can do except to:

1. Campaign to remove the directors from office.
2. Move. (Almost always the best bet.)
3. Sue the owner and the board for oppression.

To sue you need two things. The money for a retainer and a good lawyer who is experienced in condo law.

Not all condo lawyers are equal. You need to depend on good referrals rather than blind luck.
 
The board has to respond.That is their duty and they are legally bound to deal with deviant owners or they need to resign from the board.

Allegedly

So what if they ignore your complaints? Then there is little you can do except to:

I'm well aware of that....hence the reason I moved.


In other words, there is little to no protection for condo owners in Ontario.....a well known fact.
 
Buying a condo is risky. Not only you can have structural problems but bad neighbours can make life a nightmare.

The Condominium Act is self-policing legislation. That means it is up to the grieved party to take the other side to court.

On my website www.condomadness.info I spent a lot of time writing a list of items one needs to do when buying a condo, either new or re-sale. It is a very through list and I used it when I bought in this building.

It took me over eight hours of inspecting the building and the complete documents that came with the status certificate plus checking the building with different people before I knew this was the building for me. Then I waited for a unit to come on the market. We couldn't agree on the price on the first one, so I waited and bought the next one that went up for sale.
 
It would be nice to know which condos are well built with proper soundproofing. It scares me that you could potentially put down $500K+ for a condo that is either terribly built, terribly run and made out of paper. Huge investment yet you can't really do much research on it.
 
In www.condomadness.info I advise people not to buy in a new development but buy a resale in a building that is at least five to six years old. Then follow the full three pages of items I mention and you should do okay.

Noise is a bit tricky.

Check the bylaws and rules to see if soundproofing underlay is required before anyone can install a new laminate or wood floor. See if noise issues are fully covered in the bylaws and rules. (They are in my condo.)

Have your sales agent ask the present owner if there are any excessive noise issues. Make the answer part of the sales offer.

Visit the building late on a Saturday evening and walk a few of the floors. Do the same around supper time. You will get an idea of noise and odour issues.

Ask to interview the property manager and the board and ask them what actions they have taken in the past when they have received noise complaints. I talked to my condo's building superintendent before I made an offer and I knew that noise would not be a problem.) Besides my walls are made of thick concrete.

Check for outside noise from highways, trains, bus terminals, EMS sirens or neighbourhood bars, traffic and restaurants.

Yorkville and Avenue Road is plagued by excessive noise from motorcycles, sports cars, boom boxes, taxis horn honking and emergency vehicle sirens.

No guarantees but this should pick up most issues.
 
Last edited:
Have your sales agent ask the present owner if there are any excessive noise issues. Make the answer part of the sales offer.
How is that even possible to enforce? Putting a clause that says something like "Owner states the current noise level of neighbors to be non excessive" doesn't seem like it's lawfully enforceable - first you have to define excessive; next how could you even guarantee something not in your control? finally - can you even sue?
 
Last edited:
Having gone through this, I can safely say that I'll never buy/rent another condo again in my life.
It seems these new condos that are going up all suffer from this poor soundproofing - few people at work complain about the same thing in a relatively new condos.

that's awesome. good work. persistence pays off. I'd do the same. I can't stand loud noisy neighbors who disrespect the rules.
I am curious how they managed to get a bird to stay on your car to poop. :)

Pretzels. I'm sure they poured more than just a handful to make the bird full and poop right there.
Bits of pretzel I found on the car was probably a leftover that the bird just couldn't finish.
 
Here is a situation where a condo owner sued her corporation for $40,000 plus her $20,000 in legal costs and won.

http://www.condomadness.info/court_cases.html#Dyke

It helped that she was a lawyer who could afford to hire an experienced condo lawyer and that her board was really dumb.

I have heard that she is now suing the condo for $1,000,000.
 
Having gone through this, I can safely say that I'll never buy/rent another condo again in my life.
It seems these new condos that are going up all suffer from this poor soundproofing - few people at work complain about the same thing in a relatively new condos.



Pretzels. I'm sure they poured more than just a handful to make the bird full and poop right there.
Bits of pretzel I found on the car was probably a leftover that the bird just couldn't finish.

The problem with poor soundproofing in new condos is there's no way to get the builder to address it. Can't go through Tarion...that's useless. You just have to hope and pray you live next, under and below an 85 year old.

There are some pretty good ones though. My gf's condo I never heard anything but maybe her neighbors were quiet.

The required soundproofing ratings in Ontario are too low. They should be higher. They're even higher in Quebec.
 
dance studio law suit


With the dance studio situation,it's not so much about the plaintiff being a lawyer,she had a SOLID complaint that was difficult to refute given the neighbor was operating a business?The trickier complaints are the ones about neighbors who feel you live in THEIR house,and it's usually ill advised to speak with them to tell them to quiet down.Where the board controlled security somehow hears "nothing" in their incident report :mad: One option IF owners have a noise issue,contact 311.Get a reference number for your complaint,ask them to send you the paperwork to document the complaint details,eg.stereo playing 2a.m.coming through living rm.wall ,movie coming through living rm.wall 4a.m.,neighbor loaning their place out to friends for "relations..."TIP,if you can record the noise,great,do it;call the police if you know the noise will last over an hour since a noise complaint's not a priority,take badge numbers to file in your 311 noise report.IF possible,a neighbor,friend can be your witness to the noise,this helps to support your case.

Building code,this IS the issue,period because builders are cognizant of the fact that you SHARE walls,and ceilings within your condo with strangers.The minimal code is most suited for a detached, single family dwelling.One can exchange words to share their displeasure about noise with those who are within your four walls.Anyone in these circumstances can do just that: family,married,common law,house mates,children.OR even take it upon themselves to mitigate noise by using available products like Quiet Rock and Acoustiguard . The aforementioned products can easily be used by builders who build share wall,and flooring communities because they already use things like drywall,and can apply a layer of the Duracoustic or Acoustifloat to the bare cement since they already use inadequate underlay below carpeting,or just vapor barrier to meeting laminate,or wood flooring warranty. Before people assume the suggested products would add too much to the price of a condo,it won't because the developer would buy this in volume,by the project.For a 10' wall for example,the retail cost is around $300,think quote included labor, for something like MLV.

Sound proofing is likely much less than lawyering up by a condo owner/complainant,or the Corporation board handling owners' money.A good board would issue the letters to warn the complainee.Failing this,enforce the soundproofing,and the bill upon them in addition to the legal costs.This is within their power because the alternative is liening the complainee for legal letters,foreclosure,and litigation.Children and noise: the Ottawa area autistic boy story is an example of how even a child's noise level can be excessive.Where those who responded to the column didn't blame the child, but overwhelmingly appeared to not side with parents John From and his wife Kerri Oastler.


Issue: Ontario minimum building code's insufficient for shared wall,and flooring dwellings.
 
Last edited:
With the dance studio situation,it's not so much about the plaintiff being a lawyer,she had a SOLID complaint that was difficult to refute given the neighbor was operating a business?The trickier complaints are the ones about neighbors who feel you live in THEIR house,and it's usually ill advised to speak with them to tell them to quiet down.Where the board controlled security somehow hears "nothing" in their incident report :mad: One option IF owners have a noise issue,contact 311.Get a reference number for your complaint,ask them to send you the paperwork to document the complaint details,eg.stereo playing 2a.m.coming through living rm.wall ,movie coming through living rm.wall 4a.m.,neighbor loaning their place out to friends for "relations..."TIP,if you can record the noise,great,do it;call the police if you know the noise will last over an hour since a noise complaint's not a priority,take badge numbers to file in your 311 noise report.IF possible,a neighbor,friend can be your witness to the noise,this helps to support your case.

Building code,this IS the issue,period because builders are cognizant of the fact that you SHARE walls,and ceilings within your condo with strangers.The minimal code is most suited for a detached, single family dwelling.One can exchange words to share their displeasure about noise with those who are within your four walls.Anyone in these circumstances can do just that: family,married,common law,house mates,children.OR even take it upon themselves to mitigate noise by using available products like Quiet Rock and Acoustiguard . The aforementioned products can easily be used by builders who build share wall,and flooring communities because they already use things like drywall,and can apply a layer of the Duracoustic or Acoustifloat to the bare cement since they already use inadequate underlay below carpeting,or just vapor barrier to meeting laminate,or wood flooring warranty. Before people assume the suggested products would add too much to the price of a condo,it won't because the developer would buy this in volume,by the project.For a 10' wall for example,the retail cost is around $300,think quote included labor, for something like MLV.

Sound proofing is likely much less than lawyering up by a condo owner/complainant,or the Corporation board handling owners' money.A good board would issue the letters to warn the complainee.Failing this,enforce the soundproofing,and the bill upon them in addition to the legal costs.This is within their power because the alternative is liening the complainee for legal letters,foreclosure,and litigation.Children and noise: the Ottawa area autistic boy story is an example of how even a child's noise level can be excessive.Where those who responded to the column didn't blame the child, but overwhelmingly appeared to not side with parents John From and his wife Kerri Oastler.


Issue: Ontario minimum building code's insufficient for shared wall,and flooring dwellings.

Took the words right out of my mouth.
 
Buying a condo is risky. Not only you can have structural problems but bad neighbours can make life a nightmare.

The Condominium Act is self-policing legislation. That means it is up to the grieved party to take the other side to court.

On my website www.condomadness.info I spent a lot of time writing a list of items one needs to do when buying a condo, either new or re-sale. It is a very through list and I used it when I bought in this building.

It took me over eight hours of inspecting the building and the complete documents that came with the status certificate plus checking the building with different people before I knew this was the building for me. Then I waited for a unit to come on the market. We couldn't agree on the price on the first one, so I waited and bought the next one that went up for sale.

I follow you on Twitter and appreciate your posts. (I use another handle.)

I just want to say that, as somebody who used to live in Toronto semis in Riverdale, structural problems and bad neighbours can also be a problem with houses. I could hear my neighbours through the walls. I could smell them smoking through the walls. Their leaf blowers and kids would wake me up. And, because we shared driveways, I had them right over my back fence. The problems are exactly the same, although they take slightly different form.

Like you, I live in a condo now, and am on the board. I am amazed by the sense of entitlement some people have. It's as if they think they live in a luxury hotel and that they are responsible for nothing. They run into another car in the garage and it's the condo's fault because they can't drive. They left their windows open and the rain came in and they sue because their floor is ruined. These matters are a tremendous waste of the board's time and the corporation's resources.

The upside is, again like you, I did my homework and landed in a solidly built, brilliantly located older building with thick concrete walls, and large rooms.

And yes, we have rules about new floors.
 
Noise rules

I am a real believer in older condos that were built for owners to live in them rather than the newer shoe-boxes that are designed to be rented.

My board has a lot of rules concerning noise. They include:
No moving in or out after 5:00 pm and never on a weekend or holiday.
No noisy renovations after 8:00 pm or on the weekends.

All five directors live in our small 12 story building and since we have only 92 units, we all get to know each other by sight.

The majority of owners are seniors with some younger families with children. I have been here for 11 months now and we have no complaints what-so-ever.

I hope you enjoy reading the website.
 
I am a real believer in older condos that were built for owners to live in them rather than the newer shoe-boxes that are designed to be rented.

My board has a lot of rules concerning noise. They include:
No moving in or out after 5:00 pm and never on a weekend or holiday.
No noisy renovations after 8:00 pm or on the weekends.

All five directors live in our small 12 story building and since we have only 92 units, we all get to know each other by sight.

The majority of owners are seniors with some younger families with children. I have been here for 11 months now and we have no complaints what-so-ever.

I hope you enjoy reading the website.

I believe in the same thing and worked very hard to find a place with the amenities, space, location etc.

We have even stricter rules, including no reno noise outside of 9-5 weekdays, including holidays.

All our directors live in the building and, while we are about twice the size of your building, it is very much a community with various clubs (book, gardening etc.) and social activities. Very low turnover -- which is why it took us three years to get the kind of unit we wanted -- and most of the sales are estate sales :-( of people who were original residents who died.

Coming in are a lot of downsizing boomers (like us) from Riverdale and the Beaches who want to stay in the area. We are a hidden gem really.
 

Back
Top