The applicant condominium corporation sought to enforce a rule prohibiting the parking of commercial vehicles and vehicles with advertising on common elements or exclusive use areas against a tenant who parked his work truck in his driveway.
The Condominium Authority Tribunal found that the rule was not enacted to prevent an unreasonable interference with the use and enjoyment of the property or to promote safety, as required by section 58(1) of the Condominium Act.
The Tribunal concluded the rule was unenforceable and ordered the corporation to refrain from enforcing it against the respondent and intervenors.