The applicant, a penthouse unit owner, applied to the Condominium Authority Tribunal alleging that unreasonable noise from the mechanical room above his unit caused a nuisance.
The respondent condominium corporation had spent approximately $40,000 on engineering investigations and repairs to address the noise.
The Tribunal dismissed the application, finding it lacked jurisdiction.
The Tribunal held that the functioning of the mechanical room is not an 'activity' within the meaning of section 117(2) of the Condominium Act, 1998, and that the complaint fundamentally related to the corporation's duty to maintain and repair the common elements, which falls outside the Tribunal's jurisdiction.