09/12/2019 – Jurisdiction Ontario
Part 69 published on 01/03/2020
Condominium corporation acted reasonably to address owner’s concerns about roof-top noise
The owner complained about noise which she believed was coming from mechanical equipment located on the roof above her penthouse unit. Despite numerous attempts (including multiple inspections by different sound experts), the exact source of the noise could not be easily determined. Nevertheless, the condominium took several measures to try to address the complained-of noise, including maintaining and ultimately replacing certain roof-top exhaust fans. In the end, the owner said that these steps had reduced the noise to a tolerable level. However, the owner sought to recover her legal costs incurred throughout the matter.
The Court held that the condominium corporation had taken reasonable steps to address the owner’s complaints and dismissed the claim. The Court said:
The standard to be met by a condominium corporation when repairing and maintaining its common elements is one of reasonableness. (Weir v. Peel Condominium Corporation No. 482, 2017 ONSC 6265 at para. 112.) In this case: (1) the two fans had been inspected and maintained by a contractor on a routine basis; (2) the two fans were examined on several occasions in a targeted manner to determine if they were causing the noise Ms. Mohamoud was hearing; and (3) although Ms. Mohamoud argues that a failure to repair and maintain the fans caused the offending noise, in October 2018, she reported that the noise did not go away after the maintenance recommended by a mechanical engineer had been carried out.
I find that the noise Ms. Mohamoud complained of was not caused by any failure on the part of CCC25 to repair or maintain its common elements as alleged by Ms. Mohamoud.