There is increasing interest in
restricting the right of owners to smoke in their own strata lots. Some new
developments on the North Shore are being sold as ‘non-smoking’ condominiums
and as reported by a local paper, a condominium in South Surrey recently
narrowly defeated a bylaw to prohibit smoking anywhere on the property.
A White Rock condominium formed a
committee earlier this year to examine the issues involved in making their
building completely smoke-free. While they found that there were many
precedents for restricting smoking in tenants’ leases, nothing applicable was
found for the interiors of existing homes in condominiums where owners occupied
the units.
Nature Of The Problem:
The committee determined that smoke
finds its way into the apartments of non-smokers mainly from window to window
and through electrical conduits. The odour of smoke clings to the hair and
clothing of smokers using the halls and elevators and lingers. While this is
unpleasant, just as the odour of unwashed bodies or the breath of those who eat
raw garlic is unpleasant, it is largely beyond control.
A large number of organizations were
contacted. As well, the committee reviewed material available on the Internet
and published in the media. As a result of the research, it became apparent
that establishing smoke free buildings is very much in the minds of municipal
and provincial governments as well as the many associations dealing with smoking
related illnesses. However, the challenge lies in resolving the conflict
between the rights of individuals using a legal product inside their own homes
and the legitimate concerns and rights of the community near those homes who
are exposed to an annoyance and a known health risk.
While it appears that BC society is
heading toward a smoke-free future, it has not, up to now, made any laws
restricting smoking on private, owner-occupied property. The groundbreakers in
this area will undoubtedly face internal conflict and possible litigation. This
will, in the opinion of the committee, produce small “civil wars” within the
buildings concerned. Conflicts of this nature leave scars long after the
dispute is settled, if ever. Enforcement of a full no-smoking bylaw for owners
and guests will be difficult, possibly impossible to enforce.
If the owners insist on a Special
General Meeting to make the condominium smoke-free, Council should ensure that
any such motion would take effect at some future time, for example, two years
from the date passed unless current smokers are
"grandfathered". In other words, allow "current" smokers to
continue to smoke—in their suites and on their balconies—until they either die
or move out.
Any vote on the issue should be
carried out by secret ballot.
Take complaints about second-hand
smoke from specific sources seriously. Investigate and act upon them.
Ask for the cooperation of all owners
to be good neighbours and to minimize conflict with other owners. Good weather-stripping on doors will minimize odours
entering a strata lot from the halls.
Suggest to those bothered by tobacco
smoke that when smoke odour is first noticed, windows be closed and fans turned
on to see if that helps.
Make sure that the hall ventilating
system and filters are maintained and replaced in a timely fashion. If there
should be a system breakdown, post notices prominently, reporting the problem
and giving owners some ideas of when it will be fixed.
Suggest to smokers that they refrain
from smoking on balconies and patios and that they leave any fans off while
smoking and immediately after, so as to contain the smoke in their own
apartments.
Offer to help smokers in the form of
information on how best to end tobacco addiction, and the resources available.
All smokers must be conscious of and uncomfortable about the increasing
restrictions and negative feelings on tobacco use. Smokers are a minority,
presently representing just 17% of the general population.
Most of the information in this article was taken
from a committee report prepared for one of our member strata corporations. We
thank them for their permission to share the results of their careful and
thorough work with their fellow condo owners.