The applicant condominium corporation brought an application for a compliance order against the respondent unit owners, who continued to smoke on their balcony in violation of a newly passed rule prohibiting smoking on exclusive use balconies.
The respondents argued that they owned a portion of the balcony exclusively, that the rule was improperly passed, and that the rule was unreasonable or should have included a grandparenting clause.
The court found that the entire balcony was an exclusive use common element, the rule was properly passed, and the rule was reasonable given the context of second-hand smoke and nuisance.
The court granted the application and ordered the respondents to cease smoking on their balcony immediately.
