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Park v. Toronto Standard Condominium Corporation No. 2775 - 2023 ONCAT 171 - 2023-11-10

Corporation:

PTSCC 2775

Date:

Fri Nov 10 2023 00:00:00 GMT+0000 (Coordinated Universal Time)

Under:

CAT Decisions - Decision
Noise
Vibration

Summary:

In the case of Park v Toronto Standard Condominium Corporation No 2775, the owner and resident of a unit alleges that noise from the condominium gym interferes with his quiet enjoyment of his unit. Toronto Standard Condominium Corporation No 2775 argues that the noise is not unreasonable and that the applicant should have expected some noise when buying a unit above the gym. Both parties have engaged acoustical engineers to assess the noise levels and conditions. The engineers confirm that noise and vibration are transmitted to the applicant's unit when gym equipment is misused. The Condominium Act 1998 prohibits unreasonable noise, and for the reasons provided, it is determined that the applicant does experience unreasonable annoyance and disruption due to the misuse of gym equipment and operation of the gym door. Toronto Standard Condominium Corporation No 2775 has taken certain measures to address the issue, such as posting notices and installing security cameras in the gym.

Verdict:

Based on the information provided, the quick verdict from the case "Park v Toronto Standard Condominium Corporation No 2775" is that Mr. Park, the owner of a unit above a condominium gym, experienced unreasonable annoyance and disruption due to noise from the gym. The tribunal ruled in favor of Mr. Park, highlighting the importance of addressing and managing noise issues within condominium communities to ensure the quiet enjoyment of units and maintain harmonious living conditions for all residents. This case serves as a reminder for condominium corporations to take proactive measures to address and mitigate noise disturbances, such as implementing proper soundproofing measures or establishing and enforcing noise guidelines and regulations within the community.

Takeaways:

The case centered around a dispute between Junyoung Park, the owner and resident of a unit in the condominium, and Toronto Standard Condominium Corporation No 2775 (TSCC 2775). Park alleged that noise from the condominium gym was interfering with his quiet enjoyment of his unit.

Both parties engaged acoustical engineers to assess the noise issue. The engineers' reports confirmed that misuse of gym equipment, particularly barbells or free weights, transmitted impulse noise and vibrations to Park's unit. They also identified gym door latches as a potential source of noise.

The tribunal found that Park experienced unreasonable annoyance and disruption due to the misuse of gym equipment and operation of the gym door. TSCC 2775's actions, such as sending notices to residents and installing security cameras, were deemed insufficient to address the issue.

The tribunal referenced Section 117.2 of the Condominium Act 1998, which prohibits any unreasonable noise that constitutes a nuisance, annoyance, or disruption to an individual in a unit or the common elements. The declaration of TSCC 2775 also prohibited unreasonable noise.

This case highlights the importance of addressing and managing noise issues within condominium communities to ensure the quiet enjoyment of units and maintain harmonious living conditions for all residents.

Recommendations: 

Review and Update Gym Equipment and Flooring: The acoustical engineers identified that the noise and vibration issues in Mr. Park's unit were primarily caused by the misuse of gym equipment, particularly barbells or free weights. They also noted that a thicker gym flooring could help reduce impact noise and vibration. Therefore, it is recommended that Toronto Standard Condominium Corporation No 2775 (TSCC 2775) should consider reviewing and updating the gym equipment and flooring to minimize the noise transmission.

Install Soundproofing Measures: To further address the noise issue, TSCC 2775 should assess the gym area and identify potential sources of noise and vibration, such as the door latches mentioned by the acoustical engineers. Based on the findings, TSCC 2775 can consider implementing soundproofing measures, such as adding insulation, seals, or soundproof doors, to reduce the impact on neighboring units.

Enhance Communication and Conflict Resolution: Given that this dispute has resulted in mutual animosity between Mr. Park and TSCC 2775, it is recommended that both parties focus on improving communication and conflict resolution. TSCC 2775 should listen to and address Mr. Park's concerns more proactively, consider conducting a board visit to Mr. Park's unit to assess the noise firsthand, and explore possible solutions collaboratively. Open and transparent communication can help mitigate the dispute and create a more harmonious living environment for all residents.

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