The applicant, a condominium owner, applied to the Condominium Authority Tribunal regarding persistent debris, including cigarette butts and dog feces, being thrown onto his exclusive use terrace from units above.
The applicant argued this constituted a nuisance and that the respondent condominium corporation failed to adequately investigate and enforce its rules.
The Tribunal found that while the debris was distressing, the respondent had taken reasonable steps to manage the situation by issuing notices and conducting inspections, which reduced the frequency of incidents.
The Tribunal concluded the debris did not currently meet the threshold of a nuisance, annoyance, or disruption under the Condominium Act, 1998, and dismissed the application.