Smoking restrictions have been implemented in many different areas of our society, and strata corporations are no exception. More and more stratas are adopting smoking restriction bylaws or rules, and here’s how they’re doing it.
- Common Property – Many strata corporations have bylaws banning smoking on common property. While clarifying where smoking is or isn’t allowed is never a bad idea, this type of bylaw is often redundant, as the Tobacco and Vapour Products Control Act already bans smoking in common enclosed areas of apartment buildings or condominiums, and within six metres of a doorway, open windows or air intake of common enclosed areas
- Limited Common Property – Some strata corporations have also chosen to ban smoking on limited common property through their bylaws or rules, which for a lot of condominium buildings means that residents are not allowed to smoke on their patios.
- Within a Strata Lot – The most extensive ban on smoking includes banning smoking within a strata lot. It’s important to remember that strata corporations need to approve a bylaw restricting smoking within a strata lot, as only bylaws, not rules, can govern the use of strata lots.
Lastly, it’s important to remember that regardless of whether your strata has a smoking restriction bylaw or rule, most strata corporations have nuisance bylaws which essentially prohibit the use of a strata lot or common property in such a way that causes a nuisance or hazard to another person. This type of bylaws can be enforced in a situation in which one resident’s smoking is causing nuisance to other residents within the strata complex.
Lastly, it’s important to remember that regardless of whether your strata has a smoking restriction bylaw or rule, most strata corporations have nuisance bylaws which essentially prohibit the use of a strata lot or common property in such a way that causes a nuisance or hazard to another person. This type of bylaws can be enforced in a situation in which one resident’s smoking is causing nuisance to other residents within the strata complex.
Next time we’ll look at some strata statistics we have complied from the thousands of strata document reviews we have completed. If you have any suggestions for other topics you’d like us to cover, please let us know at [email protected].
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Ryan Stenquist & Magurel Mic
Condo Clear Services Inc.