Is it Possible for a Toronto Condo Building to be Smoke Free?

Is it possible for a condominium building to be smoke free in Ontario, Canada?

Yes it is, however I personally do not know of any Toronto Condo buildings or Mississauga Condo buildings that are smoke free.

Smoking is and continues to be a contentious issue.

The issue of second hand smoke infiltrating other units in a Toronto Condo building or a Mississauga Condo building is of concern to many condo buyers in the marketplace.

How Can a Condo Building Become Smoke Free?

For a Toronto Condo building or a Mississauga Condo building to establish no-smoking restrictions in private units they could so in any of the following ways:

•a)   The Declaration of the Condo Corporation

•b)   The By-Laws of the Condo Corporation

•c)    The Rules of the Condo Corporation

Let's examine each one for the possibilities:

•a)   The Declaration

This is equivalent to a Condo Corporations constitution and specifies restrictions and or conditions regarding the occupancy and use of the units and common elements as set out in the Ontario Condominium Act 1998.

A change or amendment to the declaration requires that 80% of individual owners vote in favour. This is probably the most permanent as it would require the same 80% vote to reverse it.

•b)   The By-Laws

The Board of Directors of a Condo Corporation establishes a set of by-laws to deal with management and corporate governance issues. To be included in the by-laws a no-smoking restriction in individual units would require approval by a majority of condo owners.

c) The Rules

The board of Directors is also allowed through the Ontario Condominium Act 1998 to make rules regarding the use of individual units as well as the common elements.

These rules usually cover the safety and security of the owners and the property of the corporation. They also prevent unreasonable interference with the use and enjoyment of individual units as well as the assets of the Condo Corporation.

Rules made by a Board of Directors become effective 30 days after notifying the unit owners unless owners require a meeting of owners at which they can amend or repeal the new rule.

This is the least likely route to be permanent in the case of no smoking restrictions in individual units.

How do you find out if a Condo Building is Smoke Free?

How do you as a Toronto or Mississauga Condo buyer find out if a building is smoke free?

In Ontario every offer to purchase a condominium requires a clause conditional upon delivery to the buyer of a Status Certificate.

The status Certificate contains the Declaration, the By-Laws and the Rules of the Condo Corporation as well as up-to-date financial documents.

Close examination of these documents by you and your real estate lawyer will reveal whether there are any no-smoking restrictions in place.

John Lavin is a full time realtor with 25 years experience helping buyers and sellers of homes, condominiums and investment properties in Mississauga and Toronto. If you are looking for Toronto Condominium Listings or Mississauga Condos for Sale why not put my 25 years of experience to work for you.