31/10/2022 – Jurisdiction Alberta
Part 80 published on 01/12/2022
Courts orders condominium corporation to investigate adequacy of common wall to reasonably reduce noise transmission
The Applicant’s unit is the only unit in the condominium that is located adjacent to the common element social lounge. The Applicant’s bedroom is adjacent to the wall next to the Lounge. The Applicant’s complaint is that the wall does not adequately prevent or limit the transference of sound from the Lounge to the Applicant’s unit.
Although the condominium corporation had taken various steps to reduce the transmission of sound from the Lounge to the Applicant’s unit, the condominium corporation had not arranged for any expert investigation of the adequacy of the wall in terms of sound attenuation.
The Court held that the condominium corporation’s failure to arrange for the requested investigation constituted “improper conduct” within the meaning of Section 67 of the Condominium Property Act and ordered the condominium corporation to arrange for the necessary investigation. The Court said:
I find that there has been improper conduct on the part of the Respondent. Pursuant to subsection 67(2) of the CPA, I direct the Respondent to retain an expert or experts to determine if the wall is reasonably adequate to diminish, lessen or dampen the sound from a public space to a private space and if not, to determine options available to improve the wall to achieve a reasonable standard for that use.
At this time I am making no determination as to what, if anything, must be done with respect to the wall. The Respondent will of course be required to take reasonable steps, within the bounds of its authority, according to the findings presented to it. It may be that the parties will require further direction from the Court on this subject.
Aubin v Condominium Plan No 862 2917 – Court of King’s Bench Alberta