2nd-hand cigarette smoke

Second-hand smoke is now recognized as a health threat and a resident who smokes needs to obey all rules about smoking in the common elements.

That goes without saying.

However, we are now seeing situations where smokers may not be able to smoke in their units if the fumes make their way into other residential units.

A middle-aged woman in Mississauga asked me if the owners could pass a by-law outlawing smoking in the residential units because that is what her condo is planning to do. Apparently a man on the floor below her smokes marijuana for medical purposes.

She said she checked the rules before she bought and now feels that it is unfair that the majority can change the by-laws.

The court decisions are now leaning towards protecting residents from second-hand smoke and it appears that yes, the majority of owners may be able to vote to make their corporation a smoke-free environment if second-hand smoke is escaping from the units.

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