Condo Stories Episode 3: Tales of Chaos, Comedy, and Compliance

The Garbage Chute Cat-astrophe

In what can only be described as a feline miracle, a contractor made a shocking discovery on this snowy day of January. While on duty, he found a cat trapped inside the garbage compactor, unharmed but clearly traumatized. That’s right—some heartless individual had chucked a living, breathing kitty down the garbage chute, likely expecting it to vanish like last week’s leftovers.

Now, most cats are known for their agility and their ability to always land on their feet, but this poor soul took things to a whole new level by surviving an express trip down the condo’s waste system. Upon retrieving the shaken but unscathed feline, security called in the Supervisor, who quickly identified the alleged owner of the poor soul - it was at least properly registered with the building.

This would be a clear violation of the condo’s pet policies, which state that animals must be treated humanely. This condo's rules explicitly prohibit actions that would endanger a pet’s well-being​. As well, potential Criminal Charges could be brought under Ontario’s Animal Welfare Services Act, as throwing an animal into a compactor chute is considered abuse and could result in fines or even jail time.

However, upon investigation by animal services and the police, no definitive evidence could prove that the owner was responsible for the cat’s unscheduled garbage adventure. And, unfortunately, without clear evidence of who did it, no charges were laid; and, in true bureaucratic fashion, the cat was simply returned to its potentially negligent guardian a day later.

The Condo Chronicles Verdict: Was justice served? Not really. The owner walked away with their cat, the security team was left shaking their heads, and the cat? Sort of good news - it was eventually surrendered to a shelter. Well, let’s hope it’s living its best life far away from high-rise garbage chutes. In the meantime, this bizarre case serves as a cautionary tail (pun intended) to anyone who thinks a trash chute is an acceptable form of pet relocation.

Spoiler alert: it’s not.

Airbnb or Air-Banned?

Unit 666 had become a hub for unauthorized short-term rentals. Five guests approached the lobby asking about their "rented suite," blissfully unaware they were violating the condo's Declaration, By-Law and Rules- which explicitly prohibits short-term rentals like Airbnb. Funny enough, many renters are warned not to speak to the condo's staff but they sometimes still do.

In this condo, any lease must be for at least six months, and owners/registered occupants must be present if guests are staying. The corporation also controls and limits guest suite rentals to prevent their misuse for commercial purposes.

In Ontario, the courts have consistently held that short-term rentals, such as those facilitated through platforms like Airbnb, can contravene the residential nature of condominium communities. For example, in Ottawa-Carleton Standard Condominium Corporation No. 961 v. Menzies (2016 ONSC 7699), the condominium corporation (OCSCC No. 961) challenged unit owners Mr. Menzies and his wife for leasing their unit to DGM Management Corp., which then listed the unit on Airbnb and Hotels.com for rentals as short as one night. The court found that the short-term rental business violated the single-family use requirement. It upheld the condo corporation's four-month minimum lease rule as valid and enforceable. The court ordered the unit owners and their company to comply with the condominium’s declaration and rules, effectively banning their short-term rental activities.

In our case, guests were turned away (and had to find other accommodations last minute!), and the unit owner received a stern written warning as per the enforcement provisions outlined in the Declaration. Evidence of the rental agreement was also collected and documented for further escalation should this happen again. Careful - some corporations have successfully forced unit sales when owners continued violating rules after multiple court rulings.

The Noise Complaints That Echoed Through the Week

Suite 666 was legendary. Not for its modern décor or stunning city views, but for its unwavering commitment to turning every evening of that particular spring break week into a bass-thumping, window-rattling, tequila-fueled extravaganza.

Residents on floors above, below, and even across the street had a special name for it: "Club 666." On the night in question, multiple complaints were recorded. Security guards did their usual pilgrimage, knocking on the door to remind the tenants that other people in the building might prefer sleep over an impromptu rave. The music lowered briefly—just long enough for the guards to walk away—before it resumed with a vengeance, seemingly louder than before. It became a game of "Whack-a-Mole": security knocked, the music lowered, security left, the music returned.

In the Ontario Condominium Act, 1998, the concept of "quiet enjoyment" is addressed through provisions that prohibit unreasonable noise and nuisances within condominium properties. Specifically, Section 117(2) of the Act states:

"No person shall carry on, or permit to be carried on, any activity in a unit, the common elements or the assets, if any, of the corporation that results in the creation of or continuation of... any unreasonable noise that is a nuisance, annoyance or disruption to an individual in the units, the common elements or the assets, if any, of the corporation."

This provision ensures that all residents have the right to peacefully enjoy their units without interference from unreasonable noise or other disruptive activities. Additionally, Section 119(1) mandates that all owners and occupants comply with the Act and the condominium's governing documents, which often include further rules regarding noise and nuisances.

Not differently, under this condo's bylaws​ and Rules, noise and disturbances that interfere with the peaceful enjoyment of others are strictly prohibited. The situation also mirrors the case of Toronto Standard Condominium Corporation No. 1754 Case (2022) where a resident complained about excessive noise from an upstairs neighbor, describing loud talking, screaming, and music between midnight and 4 AM. The condominium corporation issued enforcement letters to the offending resident but also noted the complainant's aggressive behavior towards staff and the board. The CAT ordered the noisy resident to comply with the condo's noise bylaws. Additionally, the complainant was reprimanded for aggressive behavior and reminded that such conduct towards staff and board members is unacceptable.

In our case, security filed their incident report which included videos of the vibrating door and screenshots of the decibel meter app. The very next morning, while the partygoers undoubtably dealt with a massive headache and loss of hearing, Management proceeded to call the suite owner and send them - yet again so soon - the second warning letter of the week (including potential legal action on the next occurrence). The revelers, sensing the universe had turned against their EDM dreams (and maybe after a call from their landlord), surrendered and shut down "Club 666". For now.

It's worth noting that if residents complain about noise disturbances and the condominium corporation fails to take appropriate action, the corporation could be held liable for failing to enforce its own governing documents and maintain a reasonable standard of living for its residents.

Disclaimer: The solutions and interpretations provided in these condo stories are for informational and entertainment purposes only. They are based on specific condominiums' governing documents, policies, and relevant laws but should not be taken as legal advice. For specific legal concerns or issues, please consult a qualified lawyer or legal professional familiar with condominium law in your jurisdiction.