It seems that smoking and odour problems are on the rise these days in condominiums. The reason? Likely a combination of municipal planning departments approving more high density developments and our growing intolerance for smoking (cigarettes at least). The solution? It depends.
In a few rare cases, there may be smoking indoors on common areas, such as corridors or elevators. Smoking is illegal (see the Smoke Free Ontario Act) in any common area of a condominium, including elevators, hallways, garages, party rooms, laundry facilities, or exercise areas. Smoking is legal on the exterior common elements as long as they are not covered.
More often than not, the problem arises when a unit owner is smoking within a unit or on an exclusive-use common element, such as a balcony or patio, or where a unit owner has non-traditional cooking times or uses more fragrant ingredients. While such conduct may be legal, it may be prohibited by the condominium’s declaration or rules.