March 2024
Legalization of cannabis (marijuana) has had unfortunate consequences in condominium and other high-rise communities. Cannabis is yet another cause of odour, smoke and conflict in communities where smoking is allowed.
It has become a question of whose rights are a priority. Is it your right to enjoy clean air in your home? Or is it your neighbour’s right to smoke cannabis – or tobacco – in their home without regard to how it affects others?
While condo boards have the right to take a stand on this matter, many choose not to do so. Condo boards have been given the authority to address this matter. They can prohibit smoking in their building and within a distance from the building. They can allow or disallow smoking in units, and ensure residents take measures to prevent smoke and odour leaving the unit and entering other units or common areas.
It comes down to a condo boards’ willingness to ensure peaceful enjoyment of your unit.
In communities with rules, by-laws or a declaration that prohibits or restricts smoking which is not being enforced by the condo board, residents and owners have recourse through the Condominium Authority Tribunal (CAT) which can require a condo board to enforce their governing documents. When smoking is allowed, residents bothered by smoking may have no recourse but to reside elsewhere.
