The term “reasonable” is used in the Condo Act and a condo corporation’s governing documents. The term applies to both the condo board’s actions and responsibilities and the owners and residents of the condo community. This guide helps condo boards understand the term “reasonable,” its applications, and how it impacts a director’s responsibilities to the community.

The Condo Act’s reasonable enjoyment clause

Reasonable enjoyment of a condo unit begins with Section 117(2) of the Condo Act that states:

“no person shall carry on or permit any activity within a unit or the common elements… that results in any nuisance, annoyance or disruption to an individual in a unit or the common elements.”

Although “ordinary activities of daily living” are expected in multi-unit residential buildings (MUR), the condo act provides legal grounds for residents and condo boards to act in cases of interference with reasonable enjoyment.

The condo corporation’s governing documents

While the Condo Act is general, the governing documents introduce rules that are more contextual. They “prevent unreasonable interference with the use and enjoyment of the units, the common elements or the asset.” The rules separate ordinary activities from non-compliance within your community to help validate resident complaints related to unacceptable noise, odours, aggression, illegal activities, etc. However, the rules must adhere to the Condo Act.

Reasonable within the governing documents

The governing documents establish reasonable standards of conduct that help residents understand what the board considers interference of enjoyment. Therefore, the standards themselves have to be reasonable.

For example, your board might decide to introduce a smoking rule in a building where residents have smoked in certain areas for decades. In this case, a reasonable approach might include a “grandfathering” or “legacy” clause that applies to existing owners, while new residents and owners would adhere to the updated non-smoking rules on balconies or common areas.

Board of directors’ reasonable standards of care

The Condo Act also defines a condo board and its directors’ need to adhere to a reasonable standard of care. Directors must “act honestly and in good faith” and “exercise the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances.”

Your board’s decisions need to reflect reasonable choices in the best interest of the entire community. Documenting your process through minutes and communication with residents helps demonstrate the rationale behind your decisions based on the Condo Act and the condominium’s bylaws and regulations.

Non-compliance with reasonable enjoyment

Under the Act, cases that are “persistent, frequent and more than a trivial interference” often require intervention. Condo Authority Tribunal (CAT) cases help further define the term “reasonable.” Here are a few recent cases regarding noise complaints.

Children

Farinha v. White found complaints regarding noise from an upper unit were related to living with children and that “a certain amount of noise, and…a moderate degree of annoyance…must be tolerated.” In a separate case regarding children, Peel Condominium Corporation No. 312 v. Singh found constant running and thumping were “excessive and sustained” and “not trivial.”

Building

In building-related sound complaints, McGugan v. Ritchie et al. CAT found water feature sounds were “natural and not very loud.” However, due to noise from a poorly constructed gym floor in Waterloo Standard Condominium Corporation No. 670, CAT ordered improvements to the flooring as well as sound transmission testing.

Condo communities share rights and responsibilities that call for empathy and objectivity. Condo boards must weigh life circumstances versus non-compliance with the condo corporation’s governing documents. Although tolerance is a part of daily living conditions in condos, residents and their boards have a right to act when conditions become unreasonable.

CPO Management Inc. is a property management company in Toronto and the GTA specializing in helping condo boards build better condo communities. Reach out to us today to learn more about our condo services and how we can help manage complaints and improve compliance.