Should stratas consider non-smoking bylaws? A Langley couple was awarded $8,000 after second-hand smoke complaint | Cigarettes Blog

Wednesday, May 16, 2012

Should stratas consider non-smoking bylaws? A Langley couple was awarded $8,000 after second-hand smoke complaint

 Langley - The freedom to smoke on your balcony could be a hot topic at your next strata council meeting.

It comes after a Langley couple was awarded $8,000 by the BC Human Right Tribunal because of second-hand smoke at their condo.

The argument was she was pregnant and he has diabetes, and the smoke coming from a neighbours balcony was harmful to their health.

"It has a degree of precedent setting. It is a recommendation to strata corporations to consider a specific non-smoking bylaw," explains Kevin Thom, Executive Director of the Strata Property Agents of BC. "The standard schedule of bylaws, as provided for in the act, just talks about a nuisance or a hazard. That leaves a awful lot to definition."

He says a specific smoking bylaw would also make it very clear to any buyer that smoking is going to be banned in the building.

"Very similar to rentals or other situations. It does sort of open Pandora's box doesn't it?"

So, what if you don't like the smell of your neighbour's cooking?

"It has been a well proven medical fact that second hand smoke is very, very dangerous, and I think someone's pizza or linguini may not be," adds Thom.

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