A hot topic right now in the condo world touches on the Federal governments push to legalize marijuana across Canada. Many condo owners are becoming increasingly concerned as legalization nears, with what legal rights and measures their respective buildings can take in order to prevent smoking inside the building and common areas. One condo board in Toronto near Sheppard and Don Mills wants to prohibit the smoking of cannabis, as it already gets countless complaints about marijuana odors wafting between units, triggering asthma and allergic reactions. – nowtoronto.com Further, Ottawa Public Health agency recently made a recommendation to the province to outright ban pot smoking in Condos and apartments, including balconies. – cbc.com
The question is, is it within the rights of condo boards to ban this soon-to-be legal substance within privately owned units? According to Michelle Kelly, a specialist in condominium law, bans such as this are done by the condo corporation creating a rule (under Section 58 of the Condominium Act). – globalnews.com This rule would then be circulated to owners, and unless the owners would call for a vote, and vote against it, it enters into force. Rules such as these are created in order to promote the safety or security or welfare of the owners, and to prevent unreasonable interference. Things such as the pungent smell of second-hand smoke could be considered a nuisance, and therefore a new rule would be reasonable.
Ontario Landlords are also becoming increasingly concerned with the upcoming legalization. The concern lies with the major financial cost that could be associated with removing the smell of marijuana after the tenant vacates. - nowtoronto.com Currently, landlords are able to ban smoking for new leases, yet with existing leases it is illegal to modify any of the clauses before the natural end or termination of the lease.
An even further grey area is whether condominiums can ban smoking for those who have a medicinal license to do so. Many argue that medical consumers would be exempt under the Ontario Human Rights Code, which may result in a legal challenge by Condominium Boards. Needless to say, this hot topic is not going anywhere anytime soon.