Condo Questions: Bylaw Amendment Required To Butt Out Balcony Smoking

If a condo board wants to ban smoking on balconies it has to amend bylaws rather than passing a policy at the board level.

Q: I live in an apartment-style condominium. A few months ago, the board adopted a policy to ban smoking on balconies. Is this legal? The policy does not state what will happen if an occupant is caught smoking, but the board has indicated it may levy fines.

A: The Court of Appeal of Alberta has made it clear that condominium corporations can pass policies and rules to deal with the day-to-day operations of condominiums. In fact, the proposed changes to the Condominium Property Act confirm this. However, it is my opinion that a board policy banning smoking on balconies is illegal. Any prohibition on smoking should be done by way of a bylaw amendment. I appreciate that passing a policy at the board level is much easier than getting the support of owners to change the bylaws.