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March 10, 2010 Mario D. Deo
Posted in General Interest

Can an Ontario Board of Directors Ban Smoking Inside Condominium Units?

The wave seems to be gathering speed to ban smoking inside individual condo and apartment units. We all can accept by now that smoking is properly banned in all common areas of condominiums. How do we feel about the possibility that smoking in one's own private condominium may no longer be allowed? There is increasing acceptance that smoke does not necessarily remain contained in an owner's suite. For sure, in some condos, the smoker's cloud remains self-contained and does not harm anyone. In this type of condo, it would be difficult to pass a reasonable rule prohibiting residents from smoking in condominiums. But where it is shown that smoke from one or more units infiltrates other units or the common elements, a rule banning smoking inside the units is probably enforceable. However, the rule has to be properly researched and drafted by the corporation's lawyer. The various views on this topic are being hotly debated throughout the GTA and Ontario. Please refer to the recent Toronto Star article that indicates some municipalities are considering the ban. This municipal move may make the job of a board of directors much easier in those municipalities that choose to do so.

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Mario D. Deo

Mario D. Deo Partner

B.A., LL.B.

mdeo@finedeo.com
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