Noises or vibrations are among the most common issues in condo communities. If you live in a condo, you’re probably going to hear sounds or feel vibrations coming from other units or the common elements.
A young couple stares at the ceiling and yells because a neighbor upstairs is having a party with loud music or renovating an apartment and workers are drilling with heavy tools
Unwanted noise or vibrations are usually caused by someone else’s behaviour or the design or construction of the condominium
Examples of common noise or vibration issues include
Noises or vibrations are among the most common issues in condo communities. If you live in a condo, you’re probably going to hear sounds or feel vibrations coming from other units or the common elements.
Unwanted noise or vibrations are usually caused by someone else’s behaviour or the design or construction of the condominium
Examples of common noise or vibration issues include:
- Noises caused by neighbors or from neighbouring units, including shouting or yelling, loud television or music.
- Noises or vibrations caused by the operation of common elements, including elevators, garbage chutes, or HVAC or plumbing systems.
- Vibrations emanating from another unit, including bass from speakers, power tools, moving furniture, or heavy walking.
If you think your noise or vibration issue may be caused by another owner’s or occupant’s pet, you may be dealing with a Pets and Animals issue.
How do my condo corporation’s governing documents apply?
Because living in a condo often means living close to your neighbours, many condo corporations have provisions in their governing documents (i.e. its declaration, by-laws, and rules) to prevent unwanted noise. These provisions would most likely be found in the corporation’s declaration or rules, though they may also be found in the by-laws.
Under section 58 of the Condominium Act, 1998 (the Condo Act), condo corporations can adopt rules to:
- Promote the safety, security, or welfare of the owners and of the property.
- Prevent unreasonable interference with the use and enjoyment of the units or common elements of the corporation.
Also, condo corporations will often have rules that:
- Prohibit the creation of noises or vibrations at certain times (e.g. a requirement that all owners/occupants be quiet after 11:00 p.m.).
- Prohibit certain activities that are likely to cause noises or vibrations (e.g. no large gatherings in units, or restrictions on moving furniture or working on renovations after a certain time).
If you are experiencing a noise or vibration issue, you may want to first review your condo corporation’s governing documents for any noise-related provisions or obligations.
A condo corporation’s governing documents are required to be consistent with the Condo Act. In addition, a condo corporation’s by-laws and rules must be consistent with the declaration and must be reasonable.
For an overview of declarations, by-laws and rules, visit our website.
Don’t have a copy of your condo corporation’s declaration, by-laws or rules?
You can request a copy from your condo corporation using the mandatory Request for Records form, available on the CAO website.
How does the Condo Act apply?
Under subsection 119 (1) of the Condo Act, if your condo corporation’s governing documents deal with noises or vibrations, everyone is required to follow them.
Under the Condo Act, owners and condo corporations are also required to maintain and repair their respective portions of the condo. Most commonly, condo corporations
are responsible for the common elements of the condo, while owners are responsible for their units and the common elements that they have exclusive use over.
Over a prolonged period, excessive or constant noise or vibrations could impact on individual’s overall health or enjoyment of their unit. Therefore, it is important for you to notify your condo corporation immediately if you notice that noise or vibrations are an issue in a unit or common elements.
If a noise or vibration issue does occur, it may need to be addressed immediately. Section 117 of the Condo Act prohibits anyone from allowing or causing any condition to exist, or carry on with any activity in a unit or in the common elements, that are likely to damage the property, or to injure someone.
Furthermore, under section 17 (3) of the Condo Act condo corporations are required to take all reasonable steps to ensure that everyone complies with the Condo Act and the condo corporation’s governing documents.
Therefore, if your condo corporation is aware of a noise or vibration issue that violates the corporation’s governing documents, they are legally required to take action to address it. For this reason, it is important for you to notify your condo corporation if you have a noise or vibration issue.
Other Legal Considerations
While condo corporations are required to ensure that everyone complies with the Condo Act and with the condo corporation’s governing documents, they may not be able to control what happens outside of the condo corporation’s property or physical boundaries.
For example, your condo corporation may not be able to address issues like:
- Noises coming from other buildings;
- Noises caused by traffic on nearby streets; or
- Vibrations caused by nearby construction.
Depending on the type of issue you’re experiencing, you may also wish to review your municipality’s by-laws, or contact the organization responsible for your municipality’s by-law enforcement. Municipalities frequently have by-laws that prohibit noises or other activities that may cause vibrations, especially in the evenings and on weekends.