Re: Who should apply for Mediation resulting from Noise (New Floor)

Jimmy,

Thanks for your input. 

In order to get the costs (Arbitration and Tribunal related) to fall as much as possible on the party who has caused the noise problem (or from who’s Lot the noise is coming), do you consider that a By-law (special) that states that where a noise complaint had been adjudicated and lost by the owner of the Lot in which the noise originated, that the cost incurred by the Owners corporation in prosecuting the case, can be recovered from owner of that Lot.

Obviously consideration in such a By-law may need to take into account a situation where the offending Lot changes hands & may complicate the issue.

However it is a thought and may be equitable and ultimately the wrong party(s) do not end up wearing what may be a substantial bill.

(Winston)