Condominium Property Act & Regulations interpretations, condo plan matters, caveats, easements or any other topic where legal counsel should be contacted for assistance.

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    • #2221
      CCI Admin
      Keymaster

      Our building is a 4 storey 98 unit apartment style condo. A resident, who is also an owner, is a VERY heavy smoker and his unit is right by the main door to the building. During the summer, this resident leaves his patio door open most of the time. Units around his are complaining about health issues being exacerbated by the strong smoke smell.

      In the past sales have fallen through because of the very strong smoke smell emanating from the unit and into the front entrance and foyer. In addition, a number of the surrounding units are rentals and many of the tenants have made comments about having to move due to the smell.

      Re-writing the bylaws to make the building non-smoking isn’t an option. We’ve only just recently passed new bylaws and even if we were able to entertain a change, we would have to grandfather the resident’s habits.

      As a corporation, what are our responsibilities to the residents of the building and their comfort within the building? Have any other corporations had to deal with this type of situation and what solution(s) were discussed and/or implemented? Any suggestions would be greatly appreciated.

      Originally posted by Southwinds B

    • #2222
      CCI Admin
      Keymaster

      We have had a similar problem and it sure is difficult to deal with. We have a bylaw that says that no resident can interfere with another resident’s pleasure of their unit. Do you have something like that? We asked our gal to close her bathroom doors because the smoke was going up the vents. She had to also install an air purifier in her unit and smoke right by it. Both measures worked somewhat, but not really satisfactorily. I’m sorry this is happening for you and wish you well! Barb Smith

      Barbara S on July 24 2018 at 08:44 PM

    • #2223
      CCI Admin
      Keymaster

      It seems you cannot force him to stop smoking. But if you approach this as a shared problem rather than a problem owner maybe a solution can be found. If, as you say, this is making it difficult to sell or rent in the building, that should technically affect the owner in question as well. You might also be able to get him to realize that the smoke actually bothers others.

      Not sure what solutions may be possible, but it might perhaps include some kind of smoke management system tgat would be purchased and maintained by the condo corp. I know, crazy, right?

      Might there be an available unit, farther from the entrance, that could be offered in some kind of trade? Perhaps a guest suite. You’d need to deal with the condition of his old unit before it would be suitable as a guest suite. I know, crazy, right?

      Alastair D on July 24 2018 at 09:03 PM

    • #2224
      CCI Admin
      Keymaster

      I assume you have a policy in regards to non-smoking in the common areas, but it is permitted with the suite. That is a tough problem to deal with, especially the fact remains he is in his own personal property, not much anyone can do. If he chooses to ignore everyone’s complaints, then there is nothing that can be done. I often wonder about the new marijuana law that is coming into effective in October 2018. The smell of the marijuana is 10 times worse than cigarette smoke!!! I sure wouldn’t want it around our building!

      Julie C on July 24 2018 at 09:35 PM

    • #2225
      CCI Admin
      Keymaster

      15% of owners can request a Special General Meeting, at which time they can request a non-smoking building, which would then require 75% of the unit values to pass it.

      June W on July 27 2018 at 03:43 PM

    • #2226
      CCI Admin
      Keymaster

      This problem, of the smoke smell in the front entrance an foyer, could also be caused by your hallway pressurization not working properly, which is causing the smell to seep into the rest of the building. Whatever system you have at your building, it’s designed to keep a positive pressure in the hallways, pushing or keeping any smells in the unit. Having the patio door open should no affect this if anything it should push the smell out of the unit.

      Amber F on August 20 2018 at 08:24 AM

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