The applicant condominium corporation sought an order declaring that the respondent unit owner violated its smoke-free environment rule and sought payment of costs associated with enforcement.
The respondent and her sons had previously been granted legacy status exempting them from the rule.
The Tribunal found that the condominium corporation failed to properly investigate a nuisance complaint, unreasonably ignored the respondent's legacy status, and improperly registered a lien against the unit.
The application was dismissed, the legacy status was confirmed, and the condominium corporation was ordered to reverse all chargebacks and pay $2,000 in legal costs to the respondent.