Question: I live in a 55+ condo association. In 2015, we passed a strict “no smoking” bylaw. Smoking is not allowed on our property, including inside of units. When I was president, I had to get our attorney involved to get one renter who smoked in her rental condo to stop, even though she rented […]
Smoking in Community Associations: Carey v. The 400 Erie Condominium Association (IL)
The Illinois Appellate Court’s ruling in Carey v. The 400 Erie Condominium Association, a recent Rule 23 opinion of the First Appellate District Court, provided guidance for handling smoking nuisance cases in condominiums, emphasizing that rules may permit smoking within units as long as it does not cause nuisance or unreasonable disturbance to others. Read […]
Proving the Source of Smoke
In the case of D’Souza v. TSCC 2565 et al., the Applicant owner claimed that cigarette smoke was entering her unit from a neighboring unit and that the condominium corporation had failed to properly investigate and resolve the problem. The Applicant claimed that the smoke contravened Section 117 (2) of the Condominium Act as well […]
B.C. Civil Resolution Tribunal Says Smokers Didn’t Have a Right to Smoke
In the case of The Owners, Strata Plan NES2613 v. Ramsay, the B.C. Civil Resolution Tribunal ordered the residents of one of the units to stop smoking in their unit. The strata corporation had passed a bylaw against smoking. The bylaw said that a resident could not smoke in any interior space, including within the […]
Dealing with Marijuana Complaints in NYC Co-ops and Condos
The pervasive smell of marijuana in New York City is presenting challenges for co-op and condo buildings as residents complain about smoke and odors. Since August 2018, a mandate has required all residential buildings to establish a smoking policy and inform residents on the details. Read the article……………………………..
B.C. strata ordered to conduct secret probe to catch renegade smoker
Two complainants of second-hand smoke seeping into their unit had claim largely dismissed. However, their strata council has to do more to catch whoever is smoking, causing nuisance, said CRT adjudicator Read the article…………………………
What Can I Do About Marijuana Smoke in a Condo? (IL)
The legalization of marijuana in many states has raised concerns regarding the impact of marijuana smoke in shared places, particularly in condo buildings. For those experiencing such situations, you may be wondering what you can do if you feel bothered by the aroma of marijuana in your condominium building. Read the article………………………..
Condo association: consider edibles rather than smoking weed (VA)
A condo association in Shirlington rolled out tips both smoking and non-smoking homes can implement to prevent the spread of stray smoke. One suggestion, targeted to marijuana users, is blunt: consider switching to edibles. Read the article………………………..
Torrance enacts ordinance to ban smoking in multi-unit housing complexes (CA)
Under the new law, smoking is not only prohibited in all multi-family residential units, but also on private balcony, porch, deck, patio, and common areas, such as lobbies, elevators, swimming pools, laundry rooms and eating areas. Read the article………………………..
Smoking Marijuana May Be Legal, but Co-op and Condo Boards Can Ban It (NY)
The first thing co-op and condo boards need to remember is that the Smoke-Free Air Act of 1995 banned smoking in most public places in New York City, including the common areas of multifamily dwellings, such as lobbies, laundry rooms, stairwells, hallways and elevators. So smoking weed in common areas is out. Read the article………………………..
Do Marijuana Smokers Have Special Rights in Your Co-op or Condo? (NY)
The possession and use of marijuana by persons who are at least 21 years old is now legal in New York, as is the sale of marijuana and other cannabis products by New York State licensed dispensaries. However, a number of our cooperative and condominium clients have asked whether they may ban the smoking of […]
Condo association considers measures so smokers keep smoke contained within their own units
Q: Our condo already prohibits any smoking in common areas or on balconies. Now it’s considering demanding that smokers seal/close their air return vents — where smoke can easily pass from one unit to another. Also it may demand that smokers put in an air guard at the bottom of their doors to hold the […]
Resident’s lifelong smoking habit sparks condo building battle (ON)
A smoking gun is being held to the head of Diane Steen. If the 87-year-old doesn’t quit her filthy cigarette habit, or take it outside, someone will pull the trigger. Either her condo board, the condo corporation that manages the property or, in all likelihood, an adjudicator at the Condo Authority Tribunal. Read the article………………………..
Owner must pay Metro Vancouver strata $75K for e-cigarette fire (BC)
B.C.’s Civil Resolution Tribunal has ordered the condo owners in an upscale Vancouver building to pay $75,873 for a fire caused by discarded smoking material. Read the article………………………..
CAT Finds No Smoking Rule to Be Reasonable (ON)
In the case of CCC 95 v. Frederick, the condominium corporation had passed a rule to prohibit smoking in all of the units and in most areas of the common elements. The rule said that smoking is only permitted in an outside area of the common elements which has been designated as a smoking area […]
Can a Condo Owner Do That? What Community Association Boards Need to Know About Smoking and Cannabis Use in the Building (IL)
Among the most commonly asked questions of condo and community association boards often relate to smoking and cannabis use. Howard Dakoff recently spoke at a meeting of the community association property managers at Advantage Management on the rights and limitations of smoking and cannabis use in condo buildings. Read the article………………………..
Can a Condo Owner Do That? What Community Association Boards Need to Know About Smoking and Cannabis Use in the Building (IL)
Generally, condo residents can smoke in the units and common elements, unless smoking is prohibited in the Association’s Declaration By-Laws, or Rules (for common elements). Changes to the Association’s Rules require approval of the condo board, whereas amendments to the Declaration or By-Laws require unit owner approval. Read the article………………………..
How to handle smoking in community associations presents a significant dilemma for the community’s board of directors (MI)
That is, whether to side with what tends to be the majority and pursue a ban on smoking on common elements, in individual homes, or both. Or, whether to side with the smokers who probably did not anticipate a situation wherein someone else would tell them what they can and cannot do in their own […]
CAT Orders Smoker to Pay for Air Purifier Required by Neighbour (ON)
In the case of Baker v. Pecarski, one of the residents was smoking in contravention of the condominium corporation’s “no smoking” rule. The neighboring owner was forced to purchase an air purifier “to alleviate the impact of the second-hand smoke which was migrating into and interfering with their use and enjoyment of their home”. […]
Australia: Room with a feud: Apartment dwellers seek to ban neighbours from smoking on balconies
A couple who successfully sued their neighbours to stop them smoking on their apartment balcony say the NSW government should bring in a statewide ban. Brenton Pittman and Lynette Cartwright from Kingscliff in northern NSW won in the NSW Civil and Administrative Tribunal after complaining of persistent tobacco smoke drift from the apartment immediately below […]
Smoke complaints: Condos must investigate both sides (ON)
This is your typical case involving condo owners complaining of smoke/smell emanating from a neighbouring unit. As is often the case, you have repeated complaints from the same few neighbours and a strong denial from the owner at the centre of the complaints. So, what is a corporation to do in these circumstances? Here is […]
Smoke Free Condos: How to Ban Smoking Within Your Condominium (MI)
Cigarette smoking is no longer as prevalent in U.S. society as it once was, and the percentage of adults that smoke has declined significantly over the past fifty years. According to the American Lung Association, cigarette smoking in the United States has fallen from 42.6% of adults in 1965 to 13.7% of adults in 2018. […]
Port Coquitlam condo owners win partial victory against smoking neighbour (BC)
Does cigarette smoke drive you nuts? Tribunal awards couple $618 for air purifier and fees, but refuses additional unspecified damages for health consequences. Read the article………………………..
Neighbor’s secondhand smoke a bother (FL)
Q: Can a condominium association ban smoking inside condominium unit? I have discomfort and health concerns related to my neighbor’s constant smoking. Read the Q&A……………………………….
Condo owner ordered to pay 16 times more than $800 smoking fine: CRT (BC)
A B.C. condo owner who balked at $800 in smoking fines now owes his strata thousands of dollars more after the dispute went to the province’s Civil Resolution Tribunal. Read the article………………………..
Co-Owner’s Complaint of Neighbor’s Smoking in a Condominium Rejected by the Federal Courts (MI)
The Federal Appeals panel affirmed an opinion by the U.S. District Court for the Eastern District of Michigan over the granting of Summary Judgment in a condominium case that has broad ramifications. The Plaintiff claimed her Defendant next door neighbor was aggravating her preexisting asthma condition due to the frequent smell of smoke emanating from […]
Tribunal orders Vancouver strata owner who dutifully pays fines for “right to smoke” to butt out (BC)
Leslie Grauer doesn’t bother disputing the strata fines for her smoking. The Vancouver townhouse owner simply pays the charges. And then she continues to light up inside her home. Read the entire article……………………………….
Australia: Queensland unit dwellers could be barred from smoking on balconies after landmark decision
Queenslanders living in apartments could be prevented from smoking on their balconies after a “game changing” decision to ban one unit owner from doing so after a complaint from an upstairs neighbour. Read the entire article……………………………….
Pleasanton restricts smoking at townhomes, condominiums (CA)
Smoking will be banned in all common areas and on private balconies or decks of townhomes, condominiums and buildings with three or more attached homes in Pleasanton beginning next summer. Read the entire article……………………………….
Pleasanton Looks At Expanding Smoking Restrictions To Condos, Townhomes (CA)
The Pleasanton City Council on Tuesday will consider restricting smoking in townhomes, condominiums, and buildings with three or more attached units. One of the council’s stated work plan goals is restricting smoking for multi-family ownership residences to address health impacts of secondhand smoke. The city is proposing a new chapter to its municipal code, applying […]
‘My lawyer is on speed dial,’ Burnaby owner warns strata over no smoking enforcement (BC)
The City of Burnaby has a tougher smoking regulation bylaw set to take effect on Jan. 1, 2022 – including big new fines. Todd wishes his strata had the same view as the city. Read the entire article……………………………….
Real estate Q&A: How can HOA enforce smoking ban in common areas? (FL)
Q: At our annual meeting, our condominium community passed a “No Smoking” resolution into our bylaws. It encompassed the entire club area, including the outdoor facilities. We now have a small group of new owners who vocally oppose this ban and continue to smoke at our community pool despite numerous requests to stop. How can […]
St. Paul Adopts Smoking Policy Disclosure Requirement for Common Interest Communities (MN)
In January 2021, the St. Paul City Council adopted a new ordinance requiring sellers of homes located in common interest communities to disclose the smoking policy in place in the seller’s community. The disclosure requirement takes effect January 1, 2022. Read the entire article……………………………….
‘Lawyers called’ as Burnaby strata won’t stop smokers in tower’s hot tub (BC)
Do you live in a condo building that has a pool or a hot tub? I used to and I barely used it because too many other people exhibited weird behaviour – like dudes wearing bathing suits in which all their bits hung out and people who refused to shower before getting in. Read the […]
Cause of Brandon condo fire that caused $11M in damage revealed (MB)
A fire at a condominium complex in Brandon, Man., resulted in $11 million in damage, according to a spokesperson from the Manitoba Government. The fire broke out on Tuesday night at the building in the 1400 block of Pacific Avenue, with firefighters working through the night and into Wednesday to extinguish the fire and put […]
A Breath of Fresh Air: Banning Smoking in Homeowners Associations (MN)
Smoking is a controversial issue within homeowners’ associations. Members who have owned their units for years proclaim their right to smoke just as they always have, while other owners object to the smell and adverse health effects. Because of the universally-recognized health hazards of second and third-hand smoke, associations across the country have begun regulating […]
Sopher’s “incessant” smoking a nuisance to neighbors, condo board says (NY)
The jury might need a smoke break after this one. The condo board at the Touraine, a 22-unit luxury highrise on the Upper East Side, is suing one of its own residents for smoking too much tobacco, according to a complaint filed on July 7. Read the entire article……………………………….
Smoking mad: Frustrated condo-dweller sues strata, neighbour for $30,000 (BC)
There was smoke but not a lot of fire after a three-year dispute between condo neighbours over smoking in their Burnaby tower made its way to court. The complainant, who filed almost 150 complaints about the smell of cigarette smoke in her suite to the strata council, sued her smoking neighbour and the strata for […]
Condo Smoking Bill Passes in Virginia
Thank you to the ARLnow reader who brought Virginia House Bill 1842 to my attention because it’s likely to be a game-changing law. This bill will allow condo boards to more easily ban smoking inside units and on balconies — not just in common areas. As of Feb. 17, 2021, the bill passed the Virginia […]
Richmond condo owner wins compensation over second-hand smoke (BC)
Pui-Ling Yee claimed the strata failed to investigate her complaints about second-hand smoke and aromatherapy scents entering her unit from a neighbour’s unit. Read the article…………………………………
REAL ESTATE MATTERS: Where there’s smoke, there’s a conversation about association rules
We continue to receive questions and comments about our recent columns on smoking, as well as the rules that condominiums and other associations are putting into place about smoking cannabis. So, we thought we’d share a few of them. Our thoughts will follow. https://www.heraldtribune.com/business/20200620/real-estate-matters-where-theres-smoke-theres-conversation-about-association-rules
REAL ESTATE MATTERS: Interpretation of condo board rule goes up in smoke
Q: I live in a condo with four smokers living below me. They continually blow smoke out the windows and it rises and enters my unit. Our revised rules and regulations state that no smoke is allowed to migrate to another unit. What can I do when the president of the board advises me that […]
Can an Association Prohibit Smoking Inside the Units? (CA)
Asked – Can a homeowners’ association prohibit owners from smoking within the interior of their units? Read the Q&A……………………………
HOA Vaping Rules: Steps You Can Take to Prevent Vaping in Your Community
Vaping has become a very popular alternative to harmful cigarettes. However, recent studies indicate that it is quite unsafe as well — as illustrated by severe injuries caused by vaping. Many associations want to implement HOA vaping rules to prevent vaping in HOA communities, but it may not be covered by local legislation or their […]
Smoking in Condo Associations: Cigarettes & Medical Marijuana (FL)
Over the past forty years, the United States has experienced a sweeping movement to ban smoking from just about everywhere. Many condominium owners’ associations (COA) have adopted smoking bans that prohibit owners from smoking in common areas and even inside their own living space. Medical marijuana complicates this issue even further. Read the article…………………………..
Davis vs. Echo Valley Condominium Association: Guidance for Associations on Reasonable Accommodations and Nuisance Actions (MI)
The decline of smokers and smoking within one’s home in recent decades has led many co-owners in attached units to expect a relatively smoke-free living environment. However, the legalization of marijuana, first for medical purposes and now recreational use, has increased the number of complaints that associations must deal with involving unwanted odors. Read the […]
Davis vs. Echo Valley Condominium Association: Guidance for Associations on Reasonable Accommodations and Nuisance Actions
The decline of smokers and smoking within one’s home in recent decades has led many co-owners in attached units to expect a relatively smoke-free living environment. However, the legalization of marijuana, first for medical purposes and now recreational use, has increased the number of complaints that associations must deal with involving unwanted odors. Read the […]
Does Your Community Association Have a Vaping Problem? (MI)
Electronic cigarettes (or “e-cigarettes”) were first introduced into the U.S. market in the mid-2000s (see here) but only recently garnered national attention when e-cigarette smokers began developing mysterious lung injuries, some of which have been fatal (see here). As of July 2019, 8% of Americans reported vaping (smoking an e-cigarette) within the past week, with […]
Asthmatic Condo Dweller Loses Bid to Force Smoking Ban (MI)
Phyllis Davis suffers from asthma but lives in a condominium complex that allows residents to smoke in their condos. Davis asserts that the smell of smoke regularly emanating from a neighbor’s condo aggravated her asthma. Unsatisfied with her condo association’s efforts to address the situation, she sued the association and its property manager. Davis alleged […]