Rosemary Kelly

The applicant, a condominium unit owner, filed a complaint against the condominium corporation regarding excessive noise and vibration transmitted from the unit above after the upstairs residents installed vinyl flooring.

The Condominium Authority Tribunal found that the noise constituted an unreasonable nuisance that substantially interfered with the applicant's quiet enjoyment of her unit.

The Tribunal held that the condominium corporation failed to conduct a meaningful investigation into the source of the noise transference.

The corporation was ordered to conduct a professional acoustical investigation, develop a remediation plan, and measure its success, all at its own expense.

The applicant, a condominium unit owner, complained of noise and vibration from the unit above her following the installation of vinyl flooring.

During the hearing stage, the Tribunal considered whether the upstairs owners should be added as parties to the proceeding.

Finding that the upstairs owners could be subject to remedial action and were therefore directly affected by the proceeding, the Tribunal ordered that they be added as intervenors.