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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 98953
Experience:  Lawyer
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We are owners of our unit. The individual below us has

Customer Question

we are owners of our unit. The individual below us has constantly complained about the noise coming from our place. Most of which, we believe we have provided sufficient evidence to the condo board that we are not making the noises in question. So now the condo board says:
the Ontario Condo Act will prevail. The Board of Directors have no other choice at this point and time. We are forced, according to the law, to apply our own set of Rules and Regulations.
"Carpeting shall be installed in all dwelling suites sufficient to prevent noise from unreasonably disturbing owners and, on receipt of a written notice from the Board or the Superintendent, the owner of a suite shall install adequate additional carpeting to prevent noise which may or does disturb the comfort or quiet enjoyment of the property by any other occupants of another suite"
Please reply to the Board with a plan to install additional carpeting in the suite.
Can the condo board make us install this additional carpet
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Are you saying they want carpet put down on areas where there is a wooden floor only and you don't wish to do this?

Customer: replied 1 year ago.
that's correct. They want us to install carpet where we have wooden floors as a way to prevent the supposed noise we are making. We do not wish do this. Here's the board's response to my last email:Thank you for your reply. In light of the fact that we've tried to resolve this situation in a diplomatic way several time in the past and in light of the fact that we're not getting any results, the Ontario Condo Act will prevail. The Board of Directors have no other choice at this point and time. We are forced, according to the law, to apply our own set of Rules and Regulations."Carpeting shall be installed in all dwelling suites sufficient to prevent noise from unreasonably disturbing owners and, on receipt of a written notice from the Board or the Superintendent, the owner of a suite shall install adequate additional carpeting to prevent noise which may or does disturb the comfort or quiet enjoyment of the property by any other occupants of another suite"
Please reply to the Board with a plan to install additional carpeting in the suite.
Expert:  Debra replied 1 year ago.

There is likely nothing you can do at this point unless you can prove that the noise is not coming from you.

The Board is required to enforce the by-laws and as well must take steps t ensure that each owner has peaceful enjoyment of the premises and each owner must always be sure not to interfere with another owner's right to peaceful enjoyment of their homes so if the carpeting is necessary so that the unit owner below has peaceful enjoyment of their home then you will have to put in the carpeting.

I am sorry this is not the answer you were hoping for.

Customer: replied 1 year ago.
I forgot to state its laminate flooring we have - not sure if that makes a difference
Customer: replied 1 year ago.
ignore my previous note, i did not realize you have responded. Does it make a difference that there a number of noise complaints made by the individual below us where we have proven it did not come from us, not in all cases, but a number of complaints. For example, he complained about a loud bang coming from our unit and it was at the same time my son was being born in the hospital. There are a few other times like this
Expert:  Debra replied 1 year ago.

Yes it does make a difference.

You should ask to be able to speak to the board directly and have your case heard. You should say that the allegations are false and that you have proof that some of them are blatantly false and cite the example of when you were at the hospital and no one was even home and they blamed you for loud bang. They are blaming you for noises that they are hearing everywhere or else they are actually just making this up but either way you are not making those noises.

Customer: replied 1 year ago.
we have stated this to the board a number of times. We have cited the above example (plus others) a number of times in our conversion to the board and they are still insisting we install the carpet. There have been a noises we have made we have been home and the individual below has complained. But there also have been a number of noises where he has complained and we have provided what we feel are sufficient evidence that we are not making the noises. As an example, a couple of months ago he complained that I weightlifting at 11:30pm, it was during the week. I told the board that my daughter, who is 6, goes to bed at 9 as she has school the next day. There is no way I would be weightlifting at 11:30pm in the next room which could potentially wake up my son (2 years old) and daughter. There have been numerous examples of where we have refuted his noises complaints,where we feel we have provided sufficient evidence to the board that his complaints have no merit. He still complains and now the board is insisting we install carpet as its according the Ontario condo law and its the only solution.
If we don't abide by the board decision, what are alternatives for us? What can the board do?
Expert:  Debra replied 1 year ago.

I suggest that your next step be to consult with a lawyer face to face and have the lawyer send the board and Letter essentially threatening a lawsuit if they don't stop harassing you and indicating that they are unfair and that you will not be putting in the carpet because of false allegations made by a neighbor.

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