Limits of Legacy Exceptions for Smoking

This article discusses the concept of legacy exceptions, also known as "grandfathering," in condominiums' rules, particularly in the context of 'no smoking' rules. The article presents case law in Ontario suggesting that legacy exceptions can be revoked if they are used in an unreasonable manner, citing the case of York Condominium Corporation No. 266 v. Jaromira Linhart. The article suggests that corporations can ensure that owners and residents understand that there are limitations on an exemption by including the circumstances where a legacy exemption may be revoked in the relevant rule. Additionally, courts have confirmed that legacy exceptions can have a limited duration. The article concludes by stating that careful drafting can help achieve objectives, and owners benefiting from a legacy provision must use their privileges in a reasonable manner.