As Board of Directors for a Condominium Corporation in Ontario, it’s important to have clear policies regarding smoking within the units or upon the common elements. Not only does smoking affect the health of residents, but it can also cause damage to the building and result in complaints from neighbours.

To start, it’s essential to review the Condominium’s declaration, bylaws, and rules to determine if there are any existing smoking policies. If there aren’t any, the board should consider implementing a policy that prohibits smoking in all indoor areas, including individual units, balconies, patios, and common areas.

The policy should also outline consequences for violations or legal action. It’s important to note that smoking is not a protected right under the Ontario Human Rights Code, so the Board has the authority to prohibit smoking on the property.

Many Condominium Corporations have passed a by-law to prohibit smoking within the units.  To ease the change within the building or units, a grandfather agreement is put into place for the existing smokers within a unit.   If that smoker, moves out of the building, sells his or her unit, then that unit no longer has a grandfather clause associated with it.

The Board of Directors should communicate the Policy to all residents and potential new Owners, in fact, it should be noted within the Status Certificate for new purchasers. This by-law like many others will need to be enforced to succeed. This can be done through regular reminders, posting signs in common areas, and taking action against violators. Any Condominium that does not have a by-law will fall under the Smoke-Free Ontario Act (2017), where it is clear that smoking is prohibited in all common areas of multi-unit buildings (apartments, condos, and co-ops) such as: laundry rooms, stairwells, lobby areas and elevators, However; there is no law in Ontario that prohibits smoking in private residences.