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Smoke Free Condos? What do you think?

A few years ago, the issue of smoke free condominium units was a hot button topic.  Seemingly at a time when spaces for smokers were declining, legislation was introduced to restrict smoking in the common areas of the condominium, and 3 metres away from any window, entrance or air intake for that common area. All of those details are found in the Tobacco Control Act.
There was also a movement by lobbying groups to change condominium corporations to preclude smoking inside of the units themselves.  Whether this is by bylaw amendment or through an enforcement of their existing nuisance bylaws, it was suggested that the owners could make a whole building smoke-free.  I am not going to comment on the enforceability of either of those approaches in this space.
Other jurisdictions have already had some issues through the need to accomodate individuals with disabilities – see :
http://www.thestar.com/life/homes/2012/07/20/smoking_issues_plague_condo_corporations.html. There is no reason that a similar claim might not be made here. 

I don’t recall a smoke free condominium in Regina, but heard that they may exist, after having undergone some bylaw revisions with their owners. I am curious if there have been attempts to affect an entire condominium complex. Is anyone aware of condominium properties where individuals are unable to smoke INSIDE their units (as opposed to the common property)? How was that received by the residents? Any positive or negative effects on the attractiveness of the units for resale purposes? Alternatively, how would owners feel about an initiative to do this in their condominiums?

May 6, 2014/by Marc Kelly
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Marc Kelly - Practicing in Real Estate Law

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