April 2025
Condominium corporations can prohibit smoking in all areas of a building including units.
It was once acceptable to smoke anywhere regardless of impact on those nearby. Today it is unacceptable to smoke in restaurants, airplanes or at work. It is unacceptable to smoke in a condo home without taking measures to ensure smoke and odour does not bother others.
Problems arising from smoking are evident. High-rise fires from smoking are on the rise and a serious problem affecting a growing number of people. An improperly discarded butt can cause death or displacement and extensive damage. Tobacco smoke and odour permeating through a building from a single suite can affect the health and comfort of many people and damage physical infrastructure. Structural renovations to prevent this, if possible, can be beyond the financial means of a community.
No hard and fast rules exist about smoking in condo communities. Some allow smoking in shared and private spaces. Others prefer to prohibit smoking. Some communities only allow smoking in suites. It falls on the condo board to decide which approach is best for their community. If there is a need to revise governing documents, a vote of owners may be required. Communities failing to address smoking in their by-laws or declaration may find courts unsympathetic when those choosing to smoke become a problem for other residents or cause damage to common areas.
High-rise communities that allow smoking have enforcement challenges when actions in one suite affect other suites or common areas. And this nearly always happens. It cost one Greater Toronto condominium community $150,000 to unsuccessfully prohibit smoking in one suite. The resident was a long-time smoker in a community allowing in-suite smoking. After complaints about his smoking, a resulting court action held the condominium corporation financially responsible for their actions.
Some claim that legalized smoking of cannabis (marijuana) does not fall under smoking restrictions. A resident may be under doctor’s orders to use medical marijuana. Some may claim smoking prohibitions discriminate against certain religious rituals.
The Condo Act protects the rights of residents to enjoy their home without being exposed to nuisances that include smoking. Regardless of which policies are in place, most communities have general policies stating that smoke cannot be allowed to transfer from a unit to other units or common areas. Yet without a documented smoking policy, condo communities will at some point be challenged to deal with, or defend their approach to, smoking complaints or problems.
