Strata Tip of the Week - Smoking Restrictions in Strata Corporations

by Condo Clear

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.

1. Common Property - The most basic restriction is a ban on smoking on common property. This can either be done by adopting an appropriate bylaw or rule.

2. 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 balconies or patios.

3. Within a Strata Lot - The most comprehensive restriction includes banning smoking on the entire property, including 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.

It's also important to remember that even if a specific smoking restriction isn't in place, most stratas have nuisance bylaws. These bylaws prohibit actions that cause a nuisance or hazard to others, which can include smoking that impacts neighbouring residents.

That’s it for this week. If you have any suggestions for other topics you’d like us to cover, please let us know at info@condoclear.ca.

Disclaimer: The information provided is for general purposes only. It is not intended to provide legal advice or opinions of any kind. No one should act, or refrain from acting, based solely upon the materials provided, any hypertext links or other general information without first seeking appropriate legal or other professional advice.

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