Edmonton Journal

Must I put up with neighbour's air conditione­r?

Condo dweller wonders what can be done about noisy unit installed in common space

- ROBERTO NOCE

Q I live in a bungalow-style duplex condominiu­m complex. My next-door neighbour and I share the 10-foot, rock-covered common area between our units and our open-railing decks. Last summer, without consultati­on, my neighbour installed an air conditione­r in our shared common space. I can no longer enjoy peace and quiet on my deck. I complained to the board, and they responded by saying that my neighbour had the right to install an air conditione­r as it did not contravene the bylaws. What is my solution? Please help.

A It is too bad that your neighbour did not consult you on the installati­on of the air conditioni­ng unit. However, the informatio­n you provided indicates that the air conditioni­ng unit was installed on common property and the board has no issue with the air conditioni­ng unit. Unfortunat­ely, you are left with very few options. You have done everything that I would have suggested you do at the beginning of this process, namely contacting the board. Another option would be to ask your neighbour whether they would be prepared to look at some form of mediation to work out a possible solution. Perhaps your neighbour would consider moving the air conditioni­ng unit to another location. The board may also want to be involved in this process. The last available option to you would be to ask a lawyer to carefully review your bylaws and the law to determine whether or not you have a case.

Helpful hint: Being a condominiu­m owner means compromise, because it is a group of people coming to live together and sharing common areas. This may mean living with a noisy air conditione­r when you would rather have peace and quiet.

Roberto Noce, Q.C. is a partner with Miller Thomson LLP in both the Edmonton and Calgary offices. He welcomes your questions at albertacon­dolaw@millerthom­son.com. Answers are not intended as legal opinions; readers are cautioned not to act on the informatio­n provided without seeking legal advice on their unique circumstan­ces. Follow Noce on Twitter at @Robertnoce.

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 ??  ?? Living in a condominiu­m requires compromise, Roberto Noce says.
Living in a condominiu­m requires compromise, Roberto Noce says.

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