Lessons Learned: What Condominium Managers Can Learn from Noise Disputes at the CAT

Noise complaints remain one of the most common ownership issues faced by condominium managers. While residents often expect management to immediately "stop the noise," Condominium Authority Tribunal (“CAT”) decisions consistently demonstrate that managers are expected to investigate and respond “reasonably”.

The CAT’s recent judgment regarding Stoneburgh v. York Condominium Corporation No. 266, 2026 relates to one of City Sites Property Management’s client corporations and an owner’s noise complaint. Upon reading the CAT’s decision to dismiss the complaint, I’ve reviewed the rationale behind their decision and find it useful to highlight some of the key components which influenced that decision.

1. Take Every Complaint Seriously

Even where a complaint appears subjective, managers should acknowledge concerns promptly and begin documenting the issue. Failure to investigate can create the perception that the corporation is ignoring its obligations.

2. Focus on Evidence, Not Allegations

The CAT places significant weight on objective evidence. Managers should encourage complainants to maintain noise logs, provide recordings where appropriate, identify dates and times of occurrences, and obtain witness statements when available.

A complaint without supporting evidence is often difficult to enforce.

3. Investigate Before Enforcing

Managers should avoid assuming that a reported noise constitutes a rule violation. The source, frequency, duration, and reasonableness of the noise should be assessed before enforcement action is taken.

Ordinary living noises, particularly in multi-residential buildings, may not rise to the level of a nuisance or unreasonable interference.

4. Maintain Detailed Records

Every complaint, investigation step, communication, warning letter, site visit, and board discussion should be documented.

If a dispute reaches the CAT, a corporation's ability to demonstrate a consistent and reasonable response is often as important as the underlying complaint itself.

5. Engage Experts When Necessary

Where complaints involve persistent allegations of excessive noise, vibration, or potential building deficiencies, managers should consider recommending acoustical testing or professional investigation.

Expert evidence can assist the board in making informed decisions and demonstrate due diligence if the matter proceeds to litigation or the CAT.

6. Communicate Expectations Clearly

Residents should understand that condominium living involves a degree of shared noise. Management should explain the difference between normal everyday living sounds and conduct that may constitute a nuisance under the Condominium Act or the corporation's governing documents.

7. Consistency Matters

Rules and enforcement measures should be applied consistently regardless of who is involved. Selective enforcement can undermine the corporation's position and create additional disputes.

8. Management's Role Is to Be Reasonable

A recurring theme in CAT and court decisions is that condominium corporations are expected to act reasonably, investigate concerns, and take appropriate steps where warranted. They are not expected to eliminate every noise complaint or guarantee a resident's preferred solution.

Final Takeaway

The strongest defence against a noise dispute is a well-documented investigation, clear communication, and a reasonable enforcement process.

One factor of particular importance was the owner’s refusal to conduct an acoustical study offered by Property Management to determine the level of sound/vibration nuisance they were experiencing. The purpose of such a study is to obtain objective evidence regarding the frequency and severity of the reported nuisance. I always recommend this step to Property Managers who are responding to noise related complaints so all parties may rely on expert advice. 

In closing, condominium managers who focus on facts, evidence, and consistency are far more likely to resolve disputes successfully and protect their corporation if the matter proceeds before the CAT.