Reasonable Noise in Shared Living Environments
In Farinha v. White, the Condominium Authority Tribunal (CAT) addressed a common issue in condominiums: noise complaints between neighbours. This decision highlights the importance of objective evidence in assessing noise complaints and the principles of living harmoniously in shared spaces.
In this case, the Applicant claimed that the Respondent’s unit above hers was creating unreasonable noise, affecting her comfort and quiet enjoyment. However, the Tribunal determined, based upon the available objective evidence, that the noise did not amount to unreasonable noise. The Tribunal stated:
“Having considered all of the evidence, I find there is insufficient evidence to conclude that the sounds the Applicant complains of amount to an unreasonable noise. Rather, they are more readily characterized as the sounds of everyday living in a household with young children who will create some noises of the kind complained of in this case.”
The Tribunal emphasized that communal living involves a degree of noise and other annoyances that residents must tolerate. The Tribunal noted as follows:
“Though I find that the Respondent is not creating unreasonable noise, I do acknowledge that the noises heard by the Applicant and her daughter impact them. They are subjectively annoyed by the sounds they hear. But the disturbance must be found to be objectively unreasonable. The Applicant’s subjective annoyance or experience of being disrupted is not sufficient to make the situation one that the Tribunal can remedy within its jurisdiction. In a communal living environment like a condominium, a certain amount of noise, and perhaps even the potential for a moderate degree of annoyance, may be inevitable and must be tolerated.”
This case reinforces the importance that objective evidence is needed to substantiate claims of unreasonable noise and supports the principle that tolerance and cooperation is essential in shared living environments to maintain harmony in condominium settings.
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