The applicant, a condominium unit owner, brought an application against the condominium corporation regarding unreasonable noise and vibration transmitting into his unit from the gym located directly below.
The applicant provided acoustical engineering evidence demonstrating that dropped barbells and door latches caused significant structure-borne noise.
The condominium corporation argued that the applicant should have expected some noise when purchasing a unit above a gym and that it had taken sufficient steps by posting warning signs.
The Tribunal found that while some noise was to be expected, the impact noise from the gym was objectively unreasonable and constituted a nuisance under section 117(2) of the Condominium Act, 1998.
The Tribunal ordered the corporation to investigate the causes of the noise and develop a plan to mitigate it, and awarded the applicant his tribunal fees.