Butt Out: Co-ops and Condos Must Adopt Smoking Policies (NY)

Despite strong opposition from co-op and condo board advocates, Mayor Bill de Blasio has signed a package of seven bills designed to help reduce the number of smokers in New York City by 160,000 by 2020. One of the bills

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Why this young family has been living with pot smoke in their condo for the last 5 years

A Toronto man says he’s tired of waking up to the smell of weed coming in from his neighbour’s unit and wants his condo corporation to do more to resolve the issue.  For almost five years, he says, smoke has

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Singapore: Condo management sparks row by telling residents they can’t smoke on their balconies

The management agent of the Meadows @ Peirce recently sent out a circular telling residents they should not smoke in their balconies and window areas, in addition to common areas where smoking is prohibited by the National Environment Agency (NEA).

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Woman seeking ban over neighbor’s secondhand smoke (MI)

Can cigarette smoke from a neighbor violate the law?  That question has landed in a Detroit court with a lawsuit from an asthmatic breast cancer survivor who says the smoke from her neighbor’s condo is making her sick.  Phyllis Davis

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Condo Balcony Fires

Toronto Fire Services recently held a press conference about the increasing number of fires on condo balconies caused by cigarettes being carelessly tossed from balconies. At the time of the press conference, there had been 27 balcony fires causing over

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VIC: Move Your Butt

This article about whether the owners corporation can make special rules prohibiting smoking on common property or within lots has been supplied by Tim Graham, HWL Ebsworth Lawyers.   Read the article……………

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Smoking Complaints-The Saga Continues

Given the municipal smoking ban in public places(1) and the proven harm of secondhand and third hand smoke, many Boards continue to be besieged with complaints from residents of transmission of smoke into their homes. These complaints can range from

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The State of Smoking: LegalMarijuana vs. Smoking Policies

While the exhortation to “smoke ‘em if you got ‘em” has never really gone out of style, one should take caution before lighting up just anywhere. Many places, from restaurants to airplanes to hospitals, expressly and strictly forbid anyone from

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Phantom Smell Syndrome

QUESTION: I am on the board of a retirement community. We have a resident complaining of cigarette smoke. We investigated and could not smell any smoke, nor is there anyone around her who smokes. She is threatening to go to

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Condo owner will do ‘whatever it takes’ to stop neighbours above spitting and tossing cigarettes

After more than a year of unsuccessfully trying to get condo authorities to stop his neighbours from spitting and tossing cigarette butts onto his patio, Wayne Russell says he was driven to “an act of desperation” over the weekend.  “I

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Appeals Court Reverses Big Smoking Verdict Against Co-op (NY)

A year ago, state Supreme Court Judge Arthur Engoron sent shivers through New York City’s co-op community when he ruled that Susan Reinhard, a shareholder at the Connaught Tower co-op at 300 East 54 Street, was entitled to $120,000 in

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Condo boards brace for medical marijuana smoke complaints (HI)

Right now there are some 13,000 medical marijuana patients registered in the state and that number is only expected to grow as the state’s first dispensaries open later this year.  Many of those patients live in condominiums and apartment complexes.

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No Ifs, Ands, or Butts: Regulating Smoking Within Community Associations

The past twenty years have seen a dramatic uptick in the regulation of smoking, as dozens of states and hundreds of cities and counties have enacted laws making designated public places “smoke-free.” For its part, the North Carolina legislature passed

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The End of the Age of “Mad Men”

The past twenty years have seen a dramatic uptick in the regulation of smoking, as dozens of states and hundreds of cities and counties have enacted laws making designated public places “smoke-free”.  For its part, the North Carolina legislature passed

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Condo owners have lots of thoughts on smoking issue

Lots of readers wrote in with suggestions for those condo owners whose balcony and apartment interior were spoiled by cigarette smoke from their downstairs neighbors. Some suggested legal measures.   Read the article…………..

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Condo owners weed out smoke (MA)

Pot may be legal in Massachusetts, but don’t even think about toking Afghan Kush or cultivating some Chronic buds if you live in certain buildings — including the ritzy Residences at The InterContinental in Boston.  That building’s condominium trust has

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Bill In the MD General Assembly Would Permit Restrictions and Prohibitions On Smoking By Condos, HOAs

House Bill 500, now pending the Maryland General Assembly, provides for a proposed amendment to Section 11-104 of the Maryland Condominium Act that would allow a condominium’s bylaws to include “a restriction or prohibition on smoking tobacco products within the

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2 people, parrot rescued in Tinton Falls condo fire (NJ)

Two elderly residents and a 25-year-old African Gray parrot escaped a condominium unit that caught on fire Tuesday around 9 a.m. after one of the residents left a lit cigarette on the back patio, police said.    Read the article………….

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Secondhand Smoke on Condominium Lanai: What are my Rights?

Question: I just read the question you answered in one of your prior columns about a man wanting to smoke cigars in the common area of his condominium complex. You said that “the ill-health effects of secondhand smoke are well

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The Rights Of Smokers And Non-Smokers Continue To Evolve

The rights of smokers and non-smokers in condominiums continue to evolve across Canada.  The Smoke-Free Ontario Act prohibits smoking in the interior areas of the common elements of all condominiums, and also prohibits smoking on outdoor patios of bars and

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Dealing with Secondhand Smoke in Your Ohio Home

Every Ohio tenant knows that living in an apartment or condo complex is often challenging, especially when your neighbors’ actions interfere with your life in unpleasant ways. Along with noisy neighbors, secondhand smoke is increasingly becoming a common tenant complaint.

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Can my condo snuff out my right to smoke?

Q: I have owned my condominium unit for more than 14 years. I enjoy having an occasional cigar at the designated smoking section provided at the condominium pools. About a year ago, a new board decided to ban smoking at

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HOAs and Smoking Policies

It’s not uncommon for HOAs to have some rules regarding smoking. Typically, there is no smoking in common areas, such as clubhouses, hallways, etc.

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CDC Study: Second-Hand Smoke Drifts into Smoke-Free Multi-Unit Housing

The study looked at tobacco use and secondhand smoke exposure for people living in apartment or condos.

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Secondhand Smoke Is Now a First-Class Headache (NY)

A co-op gets stung for allowing smoke to travel between apartments.

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Medical marijuana exempt from “no smoking” law?

The new bill, sponsored by the California Apartment Association, would make it clear: medical marijuana smoking can be banned wherever smoking is prohibited

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Snuffing out the smokers in condominium buildings

However, if the owners in the building vote to amend their Declaration of Condominium to go nonsmoking, such a regulation is enforceable

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QLD: Smoking in Strata

smoking on common property could only be restricted if it unreasonably interfered with the enjoyment of another lot or the common property.

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Condo Smarts: Ground-floor heavy smokers annoy other strata residents

Dear Tony: We have a chronic problem in our strata with two heavy smokers who live on the ground floor. They either smoke on their patios or in their strata lots and the smoke travels to the other homes.  Read

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Smoker claims strata’s ban violates her human rights (BC)

According to a decision posted on the tribunal’s website, Gisele Dandurand claims the smoking ban amounts to discrimination on the basis of a mental disability.

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Condominium Association: Helping Unit Owners Breathe Easy – How to Ban Smoking On Limited Common Elements

If the declaration or bylaws allow the Association to make rules regulating the limited common elements, the Association may have a simpler approach to eliminate the smoking problem.

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VIC: Is it illegal to smoke cigarettes in an Owners Corporation?

how does this impact people smoking in Owners Corporations and what does the current Owners Corporation Act 2006 and Regulations 2007 say

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Attorney Tip: Stop the Spread of Smoke Now (NY)

A recent court ruling on second-hand smoke should push boards to act.

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Condo Board Did Not Provide 10 Days’ Warning of No Smoking Rule (CT)

Connecticut General Statutes §47-261b(a) requires that a condominium board provide 10 days’ advance warning to unit owners of an intent to adopt a rule

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Smoke Migration and the Obligations of the Condominium Corporation

The court confirmed that the condominium corporation had a duty to investigate and to take steps to resolve any common element problems that were allowing the smoke migration

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Condominium Dispute About Cigar Smoke Escalates Out of Control

…long-running dispute between the owners of a unit and the condominium corporation about cigar smoke infiltrating into the owners’ unit turned out to be an expensive venture for both parties

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The (Non) Smoking Gun: What You Need to Enforce Strata Bylaws in Court

The bylaw at the centre of this dispute between the strata corporation (the “Strata”), and the strata lot owner (the “Owner”) was one prohibiting smoking in individual strata units and around the common areas

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The Price of Smoking in Co-ops Just Went Up. Way Up

a state Supreme Court judge has awarded more than $120,000 in back maintenance, interest and attorney fees to a co-op shareholder who claimed that smoke from other apartments had permeated her unit and rendered it uninhabitable

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Tenants Held Liable for Violation of Condo Smoking Rules

In a recent Ontario case, TSCC No. 2032 v. Boudair, tenants of a condominium unit were held responsible for their violation of the condominium corporation’s rules regarding smoking

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No Smoking Bylaw Enforced by BC Court

In The Owners, Strata Plan NW 1815 v. Aradi, the Strata corporation passed a no smoking bylaw in 2009 and revised it in 2014. This bylaw prohibited smoking in many locations on the property, including inside suites and on patios and balconies

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Court Orders Condo Owner to Stop Smoking in Unit

The British Columbia Supreme Court recently ordered a condominium unit owner to cease smoking in his unit in contravention of the strata corporation’s bylaws.

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Judge orders B.C. man to stop smoking while appealing condo’s ban

A life-long smoker has been ordered to stop smoking cigarettes inside his condo

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Strata heads to B.C. Supreme Court to get senior smoker to butt out

A strata council’s fight to force a cigarette-addicted army veteran to quit lighting up in his condo opened Tuesday in B.C. Supreme Court.  The council is seeking a court order against Langley senior Paul Aradi, claiming he’s been warned numerous

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Why your condo neighbours (BC) might not be allowed to smoke on their own balconies

There are strict rules in today’s world about where you can smoke and where you can’t, but as a Salmon Arm man found out through a lengthy legal battle with his strata council, there are some grey areas.    Read

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No smoking: Local condo tower fought to clear the air

Though we have practiced law together our entire legal careers, my husband and I have rarely had the opportunity to work together on a legal issue that we have both felt so passionately about. Having lived at the Hampshire, a

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Wake Up and Smell the Smoke – Prohibiting Smoking

Smoking in strata buildings has been around for years. It has never received much attention. This is surprising considering the statistics. Research has shown that between 28 – 53 per cent of residents in non-smoking units are exposed to second-hand

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Neighbours don’t have to put up with second-hand smoke in strata buildings (Australia)

The story of Lynette Laming and her young daughter is not unusual to Cancer Council NSW staff. We regularly receive emotional calls from distressed parents living in an apartment block where they are forced to breathe their neighbour’s toxic cigarette

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4 Benefits of Smoking Policies for Multi-Unit Communities

For people who don’t smoke, secondhand smoke is a huge nuisance and health risk. In communities with detached units, such as homes, it’s not a big issue if someone smokes in their own home. However, in multi-unit communities, such as

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Multi-unit smoking ban passed in Manhattan Beach (CA)

Despite a last minute plea from the Manhattan Village Homeowners Association to be exempt from a ban on smoking in multi-unit residences, the city council decided not to exclude them and narrowly passed the law Tuesday night.  The council voted

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Strata-dwelling smokers and barbecue aficionados could be fined under proposed changes to NSW laws (Australia)

Smokers and barbecue aficionados could be fined if their smoke drifts into nearby dwellings, under proposed changes to New South Wales strata laws.  Under the proposed changes, tenants who create “nuisance or hazard” smoke that drifts into neighbouring homes could

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