The applicants, condominium unit owners, brought an application to the Condominium Authority Tribunal alleging that floating fountain lights installed by the respondent condominium corporation in a common element lake constituted an unreasonable nuisance.
The applicants claimed the light trespassed onto their property and negatively impacted their use and enjoyment of their home.
The Tribunal found that the brightness and intensity of the fountain lights caused an unreasonable nuisance, annoyance, or disruption in contravention of section 117(2) of the Condominium Act, 1998.
The respondent was ordered to adjust the lights so the illumination stops short of the applicants' property and to reimburse the applicants' filing fees.