Condo Owners Prohibited from Smoking on Balcony (ON)

In a recent case before the Ontario Superior Court of Justice, WCC No. 31 v. Silberberg et al, a condominium corporation obtained an order prohibiting the unit owners, Mr. and Mrs. Silberberg, from smoking on their balcony in contravention of the condominium rules.    Read the article………………………………

Grandparenting Not Required for Rule to Be Reasonable (ON)

A recent application (Wellington Condominium Corporation No. 31 v. Silberberg) before the Superior Court considered whether a condominium corporation’s newly enacted rule prohibiting smoking within the common elements of the condominium plan was unreasonable.   Read the article………………………..

Thirdhand smoke: An unseen hazard might be affecting your home

Adopting smoke-free policies in condominiums and housing cooperatives can help make a community more appealing to potential nonsmoking residents. But what if there’s a lingering tobacco odor and yellowish stains on the walls of a unit being sold after its former occupant has moved out?   Read the article…………………………

Adopting Smoke-free Policies in High-rises

Smoking bans in the U.S. have become commonplace over the past three decades. Policies have been adopted by local and state governments to make workplaces and public spaces completely devoid of smoke from cigarettes and, more recently, vaping devices. Secondhand smoke concerns have ignited efforts to completely ban smoking in high-rise residential buildings too.    […]

Smoking in condos cloudy issue

As more and more people choose to live the condo lifestyle and developers continue to build larger high density condominium projects, condo boards, managers and lawyers are now faced with some unique challenges.  One issue that has been the focus over the past year with the legalization of cannabis, is whether a condo corporation should […]

Part 2: Strata fails to look after non-smoker (BC)

Last week, we started looking at the B.C. Human Rights Tribunal case of Bowker v. Strata Plan NWS 2539. The case involved a militant smoker (LR) in a condominium unit.  Above her lived Ms. Bowker, a woman with pulmonary fibrosis. Mr. Bowker filed a human rights claim, complaining about second hand smoke.  She brought her […]

Condominium board’s rule-making authority in question (FL)

Dear Poliakoffs,  With respect to the column regarding smoking on condo property, please clarify what I construe to be two incompatible statements: First, you stated that “…. most associations, by virtue of the governing documents, have broad authority to govern the use of the common elements, including promulgating rules that are necessary for the health, […]

Court Upholds Condo Smoking Ban

In what may be the first case of its kind (at least as it pertains to cannabis), the Québec Superior Court of Justice recently upheld the legality and enforceability of a condo rule preventing tobacco and cannabis smoking inside units and in any enclosed common elements. This is good news for those wishing to enforce […]

Condominium association can ban smoking at pool (FL)

I am wondering about the application of the clean air act in condominiums. A couple of board members at our condominium made “no smoking” signs and put them out around our pool. Is this just two smoker-haters trying to enforce an illegal restriction? What can they really do if people light up?  I’ve been living […]

More B.C. condo owners calling for gov’t ban on smoking in multi-unit dwellings

More condo owners are losing patience with the British Columbia government when it comes to smokers in strata buildings.  It’s been three months since the Ministry of Health and the Ministry of Municipal Affairs and Housing received a 17,000 signature petition calling for a smoking ban in multi-unit buildings, presented by a Langley mom.    Read […]

Smoking can be prohibited in units (IL)

Q. I live in a condominium, and I am a cigarette smoker and occasional cigar smoker. The board of the association is circulating an amendment to the declaration that would prohibit smoking in units. I feel the board is trying to get me to move. Can the declaration really be amended to ban smoking in […]

“Vaping” Rules Questioned (FL)

Q: We have a few people who “vape” at the swimming pool at our condominium. I complained to one of them once as the fumes were blowing in my direction. They pointed to the “No Smoking” sign posted at the pool and said “there’s no rule against this.” What do you think?   Read the Q&A………………………

Clearing The Air in an HOA: Guide For Members Dealing With Secondhand Smoke

The health hazards of secondhand smoke entered the public consciousness with a 1986 Surgeon General’s report. Since then, state and local governments, and many homeowners and condo associations, have adopted policies intended to limit exposure. Millions of former smokers have quit over the last few decades, and far fewer young people will ever pick up […]

‘Your home is not your castle’ when it comes to smoking in a condo ( BC)

Conflicting decisions from two tribunals have left an Abbotsford strata council stuck in the middle of a struggle between a woman with a chronic lung condition and the smoker who lives below her.  In both cases, the strata at 32691 Garibaldi Dr. was declared the loser — the B.C. Human Rights Tribunal says the strata […]

‘A matter of life or death’: Woman with lung disease wins complaint over neighbour’s smoking (BC)

The tribunal’s ruling provides an interesting discussion of how to balance individual property rights with the responsibility to accommodate a disability, and the need for strata councils to educate themselves on human rights law.  Bowker’s lawyer, Jonathan Blair, said the decision clarifies the legal obligations of strata councils, which tend to be made up of […]

Smoking Ban Was An Unreasonable Request

The Eastern District of Michigan court held that a smoking ban demanded by a disabled owner was an unreasonable accommodation for purposes of the Fair Housing Act since the measure was not approved by the owners, and the Association was powerless to impose a ban without an owner vote.    Read the article……………….

Can you smoke inside your own condo or apartment? (FL)

Do you have the right to smoke in your own condo or apartment? And do you have any rights if your neighbor is a smoker and you can smell the smoke in your home? It’s a question one woman has brought to Help Me Howard with Patrick Fraser.  Sharon Karle is a smoker.  Sharon Karle, […]

Wisconsin Condo Law and Smoking

Wisconsin law prohibits smoking in the common areas of all condominiums.  Newly built condominiums can relatively easily prohibit smoking also in individually owned units, although enforcing a smoking ban in privately owned units can be challenging.     Read the article………………

Orillia condo residents fired up by smoking ban (ON)

A wide-ranging smoking ban at a local condominium complex has left some residents feeling burned.  The policy at Village Green Condominiums applies to tobacco and marijuana alike and was announced shortly before the legalization of pot.  “If you can’t do it on the property — period — where do you go?” asked Jason Leger, a […]

Plainsboro condo complex bans smoking (NJ)

A condominium complex in the township is going entirely smoke free.  Ravens Crest East at Princeton Meadows Condominium Association has banned smoking within the perimeters of the community, including on balconies and inside units. The ban takes effect on Jan. 1.     Read the article………………

Condo board asked to deal with secondhand smoke (IL)

Q. I recall that you have addressed second hand tobacco smoke, but I can’t recall your guidance. One of our residents works from his unit and chain smokes all day. His neighbors have bombarded the association with complaints that they smell cigarette smoke in the hallway next to his unit and in their adjacent units. […]

Condo resident starts petition to ban smoking in all B.C. multi-unit dwellings

A Langley mother of a three-month-old girl has started a petition to convince the provincial government to ban smoking in all condominiums and apartment buildings.  Naomi Baker said cigarette smoke is rising into her third floor home from the suite below. Despite attempts by both the strata council and Baker to deal with the second-hand […]

HOA Homefront: Where there’s smoke, there may be unhappy neighbors

Q: My tenants are extremely allergic to smoke, and the tenants next door smoke around the clock. I have been working with our board and management, and still the situation has not improved. Our CC&R’s call for “no noxious odors.” I may be losing my tenants. Any suggestions?   Read the Q&A……………….

Can my North Carolina HOA ban smoking?

I get asked this question frequently. With more public and private facilities now smoke-free, and the knowledge of the dangers of even remote second hand smoke widespread, non-smoking owners and board members start to wonder if they can limit or even prohibit smoking within their communities.     Read the article………………

Smoking ban inside co-op and condo units picks up steam in NYC buildings

Though banning cigarette smoking in apartment building common areas is nothing new, New York City’s co-op and condo buildings have been voting to keep residents from lighting up even inside their own units, the Wall Street Journal reports. Co-op and condo lawyers say the sentiment in favor of clean, green air is growing, and tolerance […]

Arlington Condo Becomes First To Ban Smoking (VA)

I am very excited to share with the readers that the Hyde Park Condominium at 4141 N. Henderson Rd, just a few blocks south of the Ballston Metro, successfully voted to change the by-laws to ban smoking in units and on balconies, as well as the already established ban in common areas!     Read the […]

Smoking: Can an Association Ban Smoking? Part Two

There are three ways we have seen clients enact (or attempt to enact) a no-smoking rule: 1) Amendment to Declaration/CC&Rs: This method is likely the most difficult and costly way to enact a smoking ban, but it will be given the most deference by courts and be relatively strong in the face of legal challenges. […]

Smoking: Can an Association Ban Smoking? Part One (WA)

An association may enact a rule banning smoking in common areas, and can probably ban it in individual units/homes as well. However, an association must consider several potential risks and benefits before enacting such a rule. We generally treat tobacco, marijuana, and vaping any substance the same way in adopting and enforcing community association rules.  […]

How far can condominium board go in regulating smoking? (FL)

Q: I am a new member of my condominium board and one of the issues we are currently dealing with is smokers. While we do have rules regarding prohibitions on smoking in the property’s common areas, I have been told that these restrictions do not extend to smoking within the units themselves. The problem is […]

Gloucester condo moves to ban smoking marijuana ahead of legalization (ON)

A condo board in east Ottawa is banning smoking marijuana and tobacco and limiting growing marijuana plants in the building.  Stéphane Viau, a resident at the building on Bathgate Drive in Gloucester, said the notice of new rules raised several questions, especially since Ontario’s proposed marijuana law restricts smoking pot to private homes.    Read the […]

Condo Questions: No easy solution to stamp out neighbours’ smoking

Q: Smoking neighbours are interfering with the use and enjoyment of my home, and I think the condo board should approach my neighbours about the smoking. Should I push the board for action, or just bite the bullet and perhaps put a wedge between me and my neighbours?     Read the Q&A………….

Board Recoups Big Legal Costs After Evicting Smoker (NY)

Some co-op and condo boards are penny wise pound foolish. And then there’s the board at an 80-unit co-op in Wheatley Heights, Long Island, which decided to spare no expense when it set out to evict a shareholder who repeatedly flouted the co-op’s smoking ban. It was a gamble that came with no guarantees and […]

Times Are Changing: Smoking In Your Condo

Smokers, beware! “The times, they are a-changing.” And with more and more marijuana use, this is now a hot-button topic.  If your next door neighbor in your condominium association cooks his native food which creates an objectionable odor, will your condo board of directors be required to take any action against that neighbor? Probably not. […]

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 $300,000 in property damage, in comparison to a total of 25 balcony fires in all […]

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 annoyance with smoke odors to complaints that smoke transmission is life-threatening and renders a home […]

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 smoking anything at all. And while those nonsmoking spaces are fairly cut-and-dry, the rules are […]

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 back maintenance, interest, and attorney’s fees after she claimed secondhand smoke had permeated her apartment […]

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 an anti-smoking law in 2009 which prohibits smoking in restaurants and bars, as well as […]

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 an anti-smoking law in 2009 which prohibits smoking in restaurants and bars, as well as […]

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 established.” I live on the second floor of a two-story condominium building. When someone smokes […]

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. Whether you have a respiratory problem such as asthma, are concerned about the health effects […]

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 all of the pools. Is there a grandfather clause for my type of situation? One […]

HOAs and Smoking Policies

Smoking may not be as popular as it used to be, but some people still choose to do so, which is their right. However, it is also the right of every non-smoker to be safe from second-hand smoke. This has made smoking a hot topic in HOAs, so check out everything you need to know […]