The applicant, a condominium unit owner, complained of unreasonable noise and vibration from the underground garage doors located directly beneath her unit.
The Condominium Authority Tribunal found that it had jurisdiction to hear the matter under the condominium's declaration, which prohibited conditions causing unreasonable interference with the use and enjoyment of units.
Relying on engineering reports, the Tribunal concluded that the noise and vibration constituted an unreasonable annoyance or nuisance.
The respondent condominium corporation was ordered to replace the garage door system with a quieter one and to pay compensation and costs to the applicant.