Must I put up with neighbour's air conditioner?
Condo dweller wonders what can be done about noisy unit installed in common space
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.