11/10/2023 – Jurisdiction Ontario
Part 84 published on 01/12/2023
Unreasonable noise coming from activities in gym. Condominium corporation ordered to investigate solutions
The Applicant owner lived directly above the condominium’s gym. He complained about noise coming from the gym. The Tribunal held that Mr. Park experienced unreasonable annoyance and disruption as a result of misuse of some of the gym equipment, and operation of the gym door.
The Tribunal ordered the condominium corporation to investigate possible solutions. The Tribunal said:
TSCC 2775 has responded to Mr. Park’s complaints by having signs posted and messages sent to owners reminding them to not misuse gym equipment. The board has also expended significant resources, including their own time, in dealing with this case. Unfortunately, however, those resources have been primarily used to try to establish that Mr. Park is not experiencing unreasonable noise. This has continued even after the sound engineer retained by the board advised the board that Mr. Park was experiencing noise that was qualitatively significant or very significantly impactful.
TSCC 2775 must now redirect its efforts to properly investigating the causes of the noise and what can reasonably be done to reduce the impact of the noise on Mr. Park. Despite some animosity that has developed between the parties, a meaningful solution will likely need to involve Mr. Park.
The Tribunal also confirmed that this was not a matter of repair and maintenance (which would fall outside the Tribunal’s jurisdiction). The Tribunal said:
The instant case is not a repair and maintenance case because the noises from the gym are not related to a repair or maintenance problem. There is no evidence that there is anything wrong with the equipment in question other than it produces noise. There is no suggestion that the noise could be reduced by repairing anything or that problem is related to a lack of maintenance. Any noise that comes from the equipment results from people using the equipment, including opening the gym door. It is these activities that results in the noise. If there was no activity – if people did not use the equipment or open the door – there would be no noise. It is this activity that the Tribunal has jurisdiction over under section 117(2) of the Act.
Park v. Toronto Standard Condominium Corporation No. 2775, 2023 ONCAT 171