Court rules condo must resolve noise complaint seriously

An Ontario court case has highlighted the importance of addressing resident complaints in condominiums. The dispute involved Joshua Frankel, an 80-year-old resident, who was suffering from sleep disturbances caused by mechanical noise from hot water pumps. Frankel lived directly under the mechanical room in a condo in Vaughan. The noise, mainly at a frequency of 160 Hz, was louder than background sounds and particularly annoying, making it difficult for him to sleep. An acoustic study showed that while overall noise levels met government guidelines, the specific tones from the pumps stood out. Frankel and the York Region Condominium Corporation agreed to replace the old pumps with new, higher-end models costing about $87,290. Frankel agreed to pay $32,500 for the new pumps, recognizing that the replacement was necessary for all residents. However, the condo board installed cheaper pumps instead, which did not solve the noise problem. When Frankel refused to pay his share for the new pumps, the condominium sued him. He then took the case to court, asking for a resolution to the noise issue. Justice R. Lee Akazaki concluded that the condo's decision to breach the agreement and not install the agreed pumps caused ongoing distress for Frankel. As a result, the court ordered the condo to remedy the noise issue within three months and to hire an engineering firm to certify the work. Additionally, the condo was required to pay Frankel $32,500 in damages and $30,000 to cover part of his legal fees. This ruling serves as a reminder for condo boards and managers to take complaints seriously and act responsibly to maintain a harmonious living environment. Following the ruling, Frankel no longer resides in the condominium. The costs incurred will be shared among all owners, including fees for the replacement pumps and legal expenses.