Owner’s Complaints Cannot Be Ignored

A recent case from Alberta highlights the obligations of condominium boards when addressing noise complaints from unit owners due to common elements. In the case, a unit owner named Aubin complained about excessive noise from a common property social lounge next to her unit. The Alberta court ruled that the condominium corporation had a duty to investigate whether the wall separating the lounge from her unit was deficient in terms of sound transfer and that the evidence presented showed the wall was inadequate. The court found the condominium corporation's refusal to investigate the issue was oppressive and disregarded Aubin's interests. As a result, the court ordered the condominium corporation to retain an expert to determine if the wall was sufficient to reduce noise transfer. This case underscores the importance of condominium boards taking reasonable steps to investigate and address noise complaints from unit owners, rather than dismissing them.