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?
Condominium & Joint Property Law
Our client-focused approach enables a clear path to a positive outcome.
Latest Condo Law News
Updated continuously by our team, we have the finger on the pulse for everything regarding condominium law.
Condo Case Catch-Up! 2022 - A Year in Review
If you missed our January 26 recap of some interesting condo cases from 2022, it is now available as the latest episode of our Condopedia podcast.
In a recent case, the Condominium Authority Tribunal ordered a resident to pay for an air purifier that was purchased by a neighbour as protection from the resident’s smoking.
In a recent case, the Condominium Authority Tribunal (CAT) dealt with complaints about noise, and tried to find a balance between the condominium corporation’s enforcement obligations and the actions of the complainer.
In a recent case, the Condominium Authority Tribunal (CAT) ordered a tenant to stop smoking cannabis in contravention of the condominium corporation’s rules.
In a recent case, the Condominium Authority Tribunal ordered that the Condominium Corporation create statutorily required records, pay a penalty; and also ordered the current Directors to take/re-take the CAO’s Director training, due to the Corporation’s failure to properly maintain records required under the Act.