Is There Still a Purpose for a No Smoking Rule?
Section 117 (2) (b) of the Condominium Act, 1998 (the Act) says that prescribed nuisances, in a condominium, are prohibited. [This is in addition to the prohibition of unreasonable noises set out in Section 117 (2) (a).] The prescribed nuisances are listed in Section 26 of Regulation 48/01. The prescribed nuisances include unreasonable odour and unreasonable smoke. So in summary, the Act prohibits nuisances from unreasonable odour or smoke. That raises the following question: Do “No Smoking” Rules still serve a purpose?