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this is really good step that the resident has been fined….and even though he doesn’t change..then the Corporation team may tell him to leave the unit..
It is agreed that the $25 fine is ineffective. Recommending that home buyers opt for non-smoking condos or put up with the neighbours’ smoking is not always a feasible solution. How are the concerns of residents who moved into a condo strata prior to the creation of smoking by-laws addressed? Who is protecting their health? Are these non-smokers expected to move out? There is a limited supply of non-smoking residences available (example, the GTA, Ontario).
Smokers are opting to take the habit outside to minimize the exposure of passive smoke to family members. This gives no consideration to the non-smoking neighbour who can’t open their window or who is subjected to the toxins when exiting or entering their unit.
The smoking laws and Condominium Act need to expand the guidelines with reference to “smoking in common elements or in public spaces” so that those living in close proximity can enjoy a smoke-free lifestyle. New condominiums can be declared “smoke free” to include patios, balconies, and all common elements. It is not easy, if not impossible, to impose this rule on an existing condo corporation, which is most likely why the “nuisance or hazard” rule was cited. In time, it is hoped that this will change and look forward to reading case rulings exhibiting such.