Smoking Complaints: 10 Key Tips for Condo Boards

As more residents opt for condo living nowadays, smoking complaints have become a recurring issue for condo boards across Ontario. Balancing the rights of smokers and non-smokers while maintaining an agreeable living environment can be challenging, and requires comprehensive approaches. In this article, we’ll explore ten essential tips for condo boards to tackle smoking-related complaints effectively.

Ontario Smoke-Free Act

The Ontario Smoke-Free Act (2017) outlines regulations regarding smoking in enclosed public places, including condos. Specifically, smoking is not allowed in any shared space within a condominium, such as foyers, elevators, stairwells, fitness rooms, party rooms, parking garages, and corridors. Condo boards as well as residents must familiarize themselves with all condo smoking laws in Ontario to ensure compliance and address any smoking-related issues.

Smoking and Nuisance Rules

Ensure that your condo’s declaration, by-laws, and rules explicitly address smoking-related nuisances. By defining smoking rules and associated penalties for violations, condo boards can establish clear expectations and consequences for any disruptive behavior.

Smoke-free Buildings to Reduce Complaints about Smoking

Establishing smoke-free policies in condo buildings can significantly reduce the complaints about smoking. By designating the entire building or specific areas as smoke-free zones, condo boards can protect non-smoking residents from the harmful effects of second-hand smoke. However, current residents have a right to be “grandfathered” (to be exempt from new regulations and retain old privileges) if they have moved in prior to the implementation of smoke-free rules.

Smoke Sensitivity Complaint

Some individuals may have heightened sensitivity to smoke, which can amplify health issues. When addressing complaints related to smoke sensitivity, condo boards should offer resources and support for residents who experience health issues related to smoking, and work to find solutions that respect their needs.

Fire Hazard

Educate residents about the fire hazards of smoking in condos, especially on balconies. Condo boards should also emphasize the importance of proper disposal of smoking materials and encourage everyone to be attentive in fire prevention.

Smoke and Flaws in the Common Elements

Smoke has the potential to travel through common elements such as walls and ventilation systems, causing discomfort to non-smoking residents. Condo boards must address any flaws in the common elements that allow smoke to infiltrate non-smoking areas, while unit owners have the responsibility of preventing smoke from emanating from one unit to another. Regular maintenance and inspections can help identify and rectify these issues.

You Don’t Have to Accept Smokers

While smokers have the right to smoke in their residential units, condo boards have the authority to create and enforce rules that regulate smoking in condos. Remember that adopting smoke-free policies is a reasonable measure to protect the health and well-being of all residents.

Responding to Complaints About Smoking

When smoking complaints arise, such as complaints of smoking on balconies, condo boards must respond promptly and effectively. This includes conducting investigations and taking appropriate action to address the concerns raised by non-smoking residents, as smoking can be considered a nuisance. As per Subsection 17(3) of the Condominium Act, it is your responsibility to ensure that every resident adheres to your condo corporation’s governing documents by taking appropriate and reasonable measures. Additionally, every complaint is entitled to confidentiality.

Influencing Resident Behaviour

Residents who cause unreasonable smoke and vapor may face legal action from condo boards or owners, which could include filing an application with the Condominium Authority Tribunal. In their efforts to change the behavior of residents regarding smoking, condo boards may explore various communication and educational initiatives to promote a harmonious living environment.

Setting a Precedent

By taking a proactive approach in dealing with smoking complaints and handling each case individually and with professionalism, condo boards can set a precedent for future cases. Clear policies and decisive actions send a message that smoking in condos is not tolerated and that the well-being of all residents is of utmost importance. This creates a culture of respect and consideration within the condominium community.

By offering comprehensive management services and working closely with condo boards, CityTowers aims to ensure that smoking complaints are handled promptly and effectively, promoting an enjoyable condo living experience for everyone.

FAQ about Smoking Complaints