No Smoking Rule
Posted on November 13, 2009 at 12:40 PM
If the government fails to legislate a ban on smoking in multi-unit residential buildings, could a condominium corporation be held liable to a unit owner for a human rights violation regarding a resident's disability in the form of an allergy to second hand smoke?
A rule effectively requires approval by at least a majority of owners if a meeting is requisitioned, and one can assume that a rule banning smoking will be hotly debated and fought by smokers. You also have to consider that a rule banning smoking would have to be grandfathered. An amendment to a declaration to ban smoking (the most effective way to ensure that a smoking prohibition would be upheld) requires a much higher percentage of owners' approval. The condominium act does not provide for a rule to be passed by a board that could circumvent the notice/requisition obligations on that grounds that it is necessary to comply with a human rights obligation. Therefore if a majority of owners were not in favour of a shift to a non-smoking building, and voted against a rule regarding same, what can a condominium corporation do to accommodate that resident? Smoke flows between gaps in doors, from a balcony to the next, and through internal vents. Building modifications can only go so far. What else is a condominium supposed to do, if anything?
No Smoking Rule
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Name: No smoking, July 8th, 2010, July 08, 2010 at 10:54 PM
Yes, ban smoking in the entire building. There are few vents on the ceiling of each balcony and smoke find it's way.
Property manager asking us to to block the vents.
Is this the solution? This is a new condo in Markham, Ontario Canada.
Name: no smoking , November 15, 2009 at 09:43 PM
Ban smoking within 15 meters of all condos!
Name: why not, January 14, 2010 at 07:11 PM
Its an enfringment upon common elements, for example if you're smoking at any entrance door of the building, that should be ban, even on the entire property, due to second and third hand smoking, but within your own apartment that is your business