Quick question. Was the balcony enclosed? In other words, did the owner enclose the balcony with a by-law approving that the owner can do this? Then couldn’t the owner retile it as desired. But. That means they are now responsible for any leak.
This leads so another question. What if an owner replaces a legal height balustrade without a by-law in a genuine desire to save lives of small children? Do they have to remove it?