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Gamat et al. v. Toronto Standard Condominium Corporation No. 2745 - 2023 ONCAT 169 - 2023-11-09

Corporation:

GTSCC 2745

Date:

Thu Nov 09 2023 05:00:00 GMT+0000 (Coordinated Universal Time)

Under:

CAT Decisions - Decision
Noise
Vibration

Summary:

The case of Gamat et al v Toronto Standard Condominium Corporation No 2745 involves a dispute regarding noise and vibration issues caused by the gym located on the 6th floor of the condominium building. The applicants, who live on the 5th floor directly below the gym, claim that the noise and vibration interfere with their quiet enjoyment of their units. The condominium corporation argues that the applicants have failed to prove the existence of unreasonable noise and vibration and suggests that proposed solutions fall outside the tribunal's jurisdiction. After considering the evidence, the Condominium Authority Tribunal finds that the dropping of weights in the gym constitutes a nuisance, annoyance, or disruption in violation of the Condominium Act 1998. As a result, the tribunal restricts the use of free weights to specified hours and orders the corporation to reimburse the applicants for their filing fees.

Verdict:

Based on the information provided, the quick verdict in this case is that the dropping of weights in the gym of Toronto Standard Condominium Corporation No 2745 constitutes a nuisance, annoyance, or disruption under the Condominium Act 1998. The condominium corporation failed to address the noise and vibration issues adequately, leading the Condominium Authority Tribunal to order restrictions on the use of free weights in the gym to specific hours in compliance with the Act.

The lesson from this case is that condo corporations have a responsibility to address and mitigate noise and vibration issues caused by common facilities like gyms. Failure to take reasonable steps to address such complaints can result in legal consequences and the imposition of restrictions on certain activities within the condominium. It highlights the importance of maintaining a peaceful and enjoyable living environment for all unit owners.

Takeaways:

Noise and Vibration Complaints: The case involves noise and vibration complaints raised by the applicants, who are unit owners in Toronto Standard Condominium Corporation No 2745 (TSCC 2745). The applicants allege that the noise and vibration from the gym on the floor above their units interfere with the quiet enjoyment of their units.

Identification of Nuisance, Annoyance, or Disruption: The Condominium Authority Tribunal (CAT) determined that the dropping of weights in the gym constitutes a nuisance, annoyance, or disruption under section 117(2)(a) and (b) of the Condominium Act 1998. The noise and vibration were found to be substantial and not trivial, impacting multiple unit owners.

Failure to Address the Issues: The CAT found that TSCC 2745 had permitted the activity causing the continued violation of the Condominium Act and had not taken reasonable steps to address the nuisance, annoyance, or disruption. As a remedy, the use of free weights in the gym was ordered to be restricted to specific hours to comply with the Act.

Recommendations: 

Improve soundproofing measures: It is evident that the current soundproofing measures implemented in the gym are insufficient to mitigate the noise and vibration issues. Consider consulting with an acoustical engineer to assess the situation and recommend additional soundproofing solutions, such as the use of specialized flooring materials, wall insulation, or vibration-dampening equipment.

Establish clear usage guidelines and hours: To ensure compliance with the Condominium Act, it is recommended to establish clear guidelines regarding the use of free weights in the gym, including specific hours during which their use is permitted. By restricting the hours to a reasonable timeframe, such as 8 am to 9 pm, the Corporation can balance the needs of residents for a quiet living environment while still allowing for gym usage.

Enhanced enforcement of noise regulations: Develop a more stringent enforcement mechanism to address noise and vibration complaints promptly. This may include conducting regular inspections, installing surveillance cameras to monitor activity in the gym, and issuing warnings or fines to individuals who violate the noise regulations. The Corporation should also encourage residents to report any noise or vibration issues promptly, providing a clear process for complaints to be addressed.

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