Part 57 published on 01/03/17
Residents causing excessive noise; Court orders compliance with rules
Between the Fall of 2013 and September 2015, the owner’s tenant was in violation of the rules of the condominium “by causing excessive noise by way of making loud banging noises inside (the unit) and by shouting and screaming obscenities both on the balcony of (the unit) and in common areas of the Condominium”.
The Court declined to order the tenant’s eviction. Instead, the Court ordered that that tenant comply with the rules, and that the landlord take reasonable steps to ensure that the tenant did so.
The condominium corporation had also registered a lien for recovery of legal costs incurred by the condominium corporation in seeking to enforce the rules. The Court held that the lien was valid. The Court said:
Pursuant to Article XIV of By-law No. 6 and rules 15 and 34 of the Condominium, a unit holder is responsible for expenses including legal expenses incurred for the purpose of securing compliance with the By-law and the rules. In my view, the lien registered against unit 511 arose out of the refusal on the part of Jean Temedio and Kimberly Watson to address the legitimate concern of the Condominium regarding unacceptable noise. Jean Temedio was advised in at least three letters that it was the intent of the condominium to charge her unit with the legal fees incurred in securing compliance with the rules. I therefore am not prepared to vacate the lien as requested by Jean Temedio.
The Court also said:
However, I do not approve of the action of the Condominium in continuing to seek the extreme remedy of eviction of Kimberly Watson and Robert James as tenants of unit 511. A less heavy-handed approach might very well have avoided an application to the court. It was also open to the Condominium to apply to the court for an order requiring Jean Temedio and Kimberly Watson to comply with the rules.
[Editorial Note: The Court awarded the condominium corporation costs of the proceeding (payable jointly and severally by the owner and the tenant) in the total amount of $2,500. This was in addition to the costs covered by the lien. However, it occurs to me that the condominium corporation might have the right to recover additional costs pursuant to Section 134 (5) of the Condominium Act.]