Published October 3, 2023. This article reflects the rules and conditions at the time of writing and may not be current — always confirm against the latest provincial legislation.
Ontario's Condominium Act has changed again, with the jurisdiction of the online Condominium Authority Tribunal (CAT) expanding. The changes, which came into effect at the beginning of last year, are the second change to the CAT in the past three years.
The CAT is an online system designed to reduce the load on Ontario's courts in resolving minor, condominium-related disputes. This expansion of its power pertains to disputes regarding "nuisances" which, if not resolved collectively, can be brought to the CAT for resolution. The added nuisances include vibrations, odours, light, smoke and vapour — all of which can cause problems for condo boards that are not diligent.
Vibrations One of the common complaints of living or working in a condo is excessive noise or vibrations from a neighbouring unit. Boards also need to be aware of this, as complaints can be raised against them for noise and vibrations caused by common property — for example, vibrations from an elevator mechanism or loud noises from HVAC systems.
Odours Another common complaint that can now be brought to the CAT is unpleasant odours from common areas. A typical complaint relates to the operation of garbage chutes near units: if access points are not properly sealed, odours can leak into hallways and units.
Light Light is also a nuisance that can be brought through the CAT, in the form of both too much and too little. Examples include flickering streetlights entering unit windows at night, or inadequate lighting in hallways or parking garages.
In light of these regulations, condo boards must remain diligent. It is prudent to ensure that all common property is maintained properly and runs in the least disruptive manner possible. It may also help to review or amend by-laws so that owners and tenants are not disrupting neighbours. Now more than ever, good management and a solid plan are the best way for a condo board to move forward.