CONDOMINIUM AUTHORITY TRIBUNAL
CASE: 2024-00089N
Order under section 1.44 of the Condominium Act, 1998.
Member: Roger Bilodeau, Member
The Applicant, Nick Turco Self-Represented
The Respondent, York Region Standard Condominium Corporation No. 1273 Represented by Justin McLarty, Counsel
Hearing: Written Online Hearing – August 12, 2024 to February 4, 2025
REASONS FOR DECISION
A. INTRODUCTION
1The Applicant (“Mr. Turco”) is a unit owner in the Respondent condominium corporation, York Region Standard Condominium Corporation No. 1273 ("YRSCC 1273").
2In this application, Mr. Turco alleges that YRSCC 1273 has allowed a situation to persist which has resulted in the creation or continuation of a nuisance in the form of unreasonable noise emanating from the unit above his, contrary to its governing documents and the Condominium Act, 1998 (“Act”). He therefore seeks an order that YRSCC 1273 must take steps to put an end to the nuisance caused by the noises emanating from the unit above his.
3In addition, Mr. Turco disputes the chargebacks that were imposed upon him by YRSCC 1273 as a result of legal letters that were addressed to him for breaching the noise provisions of YRSCC 1273’s governing documents. He therefore seeks an order for the reimbursement of those chargebacks on the basis that the allegations contained in those letters were not adequately proven and were not subject to a proper investigation. He also seeks an order that YRSCC 1273 should install proper soundproofing between his unit and the unit above his, as well as an order for YRSCC 1273 to use a sound level meter to determine noise levels and the source of noise if and when future complaints are made about noise coming from his unit or neighboring units.
4YRSCC 1273 takes the position that it has taken Mr. Turco’s complaints seriously and that it took reasonable steps to address his noise complaints in regard to the unit above his. In its view, this application is in retaliation to the chargebacks which were levied against him by YRSCC 1273 for breaching the noise provisions of its governing documents. YRSCC 1273 also states that the type of structure and nature of its building is such that he cannot expect or be entitled to absolute quiet because some noise transmission between units which results from everyday life in a multi-unit building is to be expected. In addition, YRSCC 1273 is of the view that the chargebacks incurred by Mr. Turco for breaching the noise provisions of its governing documents were warranted and are consistent with its governing documents. As such, YRSCC 1273 asks for a dismissal of his application and seeks an order for costs payable by Mr. Turco.
5For the reasons that follow, I find that YRSCC 1273 has allowed a situation to persist which has resulted in the creation or continuation of a nuisance in the form of unreasonable noise emanating from the unit above Mr. Turco’s, contrary to its governing documents and the Act, and that it did not seek compliance from the occupants of the unit above in regard to its nuisance rules. I therefore order YRSCC 1273 to arrange a meeting with Mr. Turco to address his complaints of unreasonable noise from the unit above, as well as producing minutes of that meeting for both parties.
6I also find that YRSCC 1273 did not adequately investigate all complaints of unreasonable noise emanating from Mr. Turco’s unit. As a result, I order YRSCC 1273 to reimburse the amount of $601.73 to Mr. Turco, being one half of the total cost of the compliance letters which were addressed to Mr. Turco by the lawyers for YRSCC.
7Finally, I order YRSCC 1273 to pay to Mr. Turco the sum of $100, being one half of the fee paid by Mr. Turco to file this application. I make no other order as to costs.
B. BACKGROUND AND POSITIONS TAKEN BY THE PARTIES
8Mr. Turco works in his home as a producer and editor of sound recordings. He alleges that he has experienced unreasonable noise from the unit above his for the past four years and that it has significantly disrupted his work. He complains that YRSCC 1273 has not sufficiently investigated or addressed his complaints about that noise. In regard to any noise produced in his unit, he maintains that the sound level of his recordings is always at a conversational level or similar to background music and that it is always turned off between the hours of 11 pm to 9 am.
9Mr. Turco alleges that at various times, the occupants of the unit above his produce banging, crashing, running, loud music and other intrusive noises at various hours, starting as early as 7:00 am and sometimes extending until 4:00 am. For their part, the occupants of the unit above have complained on numerous occasions to YRSCC 1273 about unreasonable noise which they allege was produced by Mr. Turco. YRSCC 1273 asserts that it has taken adequate steps in response to Mr. Turco’s complaints. As is often the case in most other condominium governing documents, YRSCC 1273’s Declaration and Rules provide that whether or not there is unreasonable noise being produced in one unit or another is to be determined by the Manager and/or the Board.
10Mr. Turco states that he initially reported his noise complaints about the unit above to Ms. Carole Borowski, YRSCC 1273’s condominium manager (the “condominium manager”) via email on or about June 23rd, 2021. Following subsequent complaints and providing her with evidence of the noise which he alleges was coming from the unit above his, Mr. Turco claims that she assured him that she would address the matter with the occupants and landlord of the unit above his but that in his view, no such action has ever been taken, with no resolution of the matter to this day.
11Based on the evidence, Mr. Turco appears to have an acrimonious relationship with the occupants of the unit above his and no relationship whatsoever with the owner of that unit. From all accounts, Mr. Turco has had a difficult relationship with the condominium manager and other members of her staff. On the other hand, he appears to have had a courteous and pleasant relationship with the security personnel of YRSCC 1273.
12According to Mr. Turco, the condominium manager has not responded to many of his calls or messages and although she did meet with him about his complaints, counsel for YRSCC 1273 confirmed that she did not arrange a joint meeting with him and the occupants (and owner) of the unit above in regard to his complaints.
13On another note, there is conflicting evidence in regard to whether the security personnel of YRSCC 1273 were advised by the condominium manager at a point in time to stop reporting noise complaints made by Mr. Turco. In that regard and be that as it may, YRSCC 1273 takes the position that it was reasonable