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
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.