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Lake v. Bruce Vacant Land Condominium Corporation No. 19 - 2023 ONCAT 28 - 2023-02-27

Corporation:

LBVLCC 19

Date:

2023-02-27

Summary:

In the case of Lake v. Bruce Vacant Land Condominium Corporation No. 19, the applicants filed a complaint with the Condominium Authority Tribunal (CAT) against the respondent. The applicants claimed that the lights from two floating fountains installed by the condominium corporation constituted a nuisance, annoyance, or disruption, in contravention of the Condominium Act, 1998. The CAT found that the fountain lights indeed affected the applicants' use and enjoyment of their property unreasonably. As a remedy, the CAT directed the condominium corporation to adjust the brightness and intensity of the fountain lights to prevent their illumination from reaching the applicants' property. The CAT also ordered the condominium corporation to reimburse the applicants for their filing fees.

Under:

CAT Decisions - Decision
Light

Verdict:

Quick Verdict/Lesson:

Condominium corporations must take steps to ensure that their improvements or installations in common elements do not unreasonably disturb or annoy individual owners, even if the majority of owners are not affected. The tribunal emphasized the need to address the specific concerns of affected owners and make adjustments to mitigate disturbances.

Takeaways:

Key Takeaways:

This case revolved around a dispute between condominium owners (the Applicants) and their condominium corporation (Bruce Vacant Land Condominium Corporation No. 19 or BVLCC 19) regarding the installation of illuminated floating fountains in a common element area, which the Applicants claimed caused unreasonable nuisance, annoyance, and disruption.

The Applicants were successful in proving that the illumination from the fountain lights was indeed a nuisance that negatively impacted their use and enjoyment of their property, contravening subsection 117(2) of the Condominium Act, 1998.

The tribunal ordered BVLCC 19 to adjust the brightness and intensity of the fountain lights to stop the illumination from affecting the Applicants' property. It also instructed BVLCC 19 to pay the Applicants $200 in reimbursement of their filing fees.

The case underscores the importance of striking a balance between the rights of condominium corporations to make common element improvements and the rights of individual owners to live free from unreasonable disturbances.

Recommendations: 

Recommendations:

Condominium corporations should consider individual owner complaints seriously and take reasonable steps to address and mitigate any disturbances arising from common element changes.

Compliance with the Condominium Act and municipal by-laws is essential in evaluating and addressing nuisances or disruptions caused by common element features.

Owners involved in such disputes should be prepared to provide evidence supporting their claims to establish a case for unreasonable disturbances.

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