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ARTICLE · 06 MAY 2015

Owner's Indoor Smoking A Potentially Cloudy Issue

Miller Thomson
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First, you need to make sure that your bylaws clearly state that the owner is not entitled to smoke in his unit. If your bylaws do not state that, then the owner is entitled to smoke in his unit.

CanadaReal Estate and Construction
Robert Noce
Robert Noce
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Q: Our condo's no-smoking bylaw clearly states that smoking is not permitted in our building or in the individual units.

One owner refuses to co-operate with the board on this issue, and the smoke from his unit permeates the building. We have notified him in writing and verbally on numerous occasions, asking him to stop smoking in his unit. Can we levy a fine against him? Is the fine enforceable in court, and are we entitled to attach the charges to his title?

A: First, you need to make sure that your bylaws clearly state that the owner is not entitled to smoke in his unit. If your bylaws do not state that, then the owner is entitled to smoke in his unit. The fact that the smoke is exiting the unit into the hallways and elsewhere in the building may be an issue for the condominium corporation and not the owner. Specifically, the condominium corporation may have to spend some money to improve ventilation and other mechanical issues to prevent the release of smoke

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