The applicant unit owner brought an application before the Condominium Authority Tribunal alleging that upgraded telecommunications antennae on the condominium's roof constituted a nuisance, annoyance, and disruption.
The applicant argued that the antennae unreasonably interfered with the use and enjoyment of her penthouse unit and balcony, primarily due to their appearance and a speculative reduction in property value.
The Tribunal found that the antennae did not create noise or vibration, nor did they physically impede the use of the balcony.
Relying on established jurisprudence, the Tribunal held that a partially obstructed view over the roofline and speculative future loss of resale value do not constitute an unreasonable interference or nuisance.
The application was dismissed, and no costs were awarded to either party.