January 12, 2018 - Smoking pot in one’s condo may disturb several co‑owners, if cannabis second-hand smoke migrates from your apartment to another. Lawyer emeritus and RGCQ's general secretary, Yves Joli-Coeur, foresees several difficult situations to manage in condos, when recreational purposes marijuana is officially legalized in the country.
The problem will become acute in many Quebec and Canadian larger cities, because of urban environment densification. Currently, the number of skyscrapers housing condos is increasing, and this trend will continue inexorably. "It is surprising that the Province is not concerned by this issue," said Yves Joli-Coeur during an interview last Friday on Radio-Canada, as part of a TV show hosted by journalist Isabelle Richer.
Adopting a by-law to ban marijuana
To reduce inconveniences caused by pot in co-ownerships, he stated that “The syndicates of co-owners will be able to regulate, or even prohibit cannabis use in their immovable’s common portions such as corridors, lobbies and balconies. It will not be difficult to reach the required majorities in general meetings”.
However, to prohibit a co-owner smoking pot in his own condo will be another story, because Article 1063 of the Civil Code of Quebec gives him the right to use and the free enjoyment of his private portion. This prohibition can be effective only if all the co-owners renounce to smoke cannabis in their unit, and the destination of the immovable is modified accordingly.
Individual rights versus collective rights
"In the current state of affairs, the Civil Code is more focused on individual rights than collective rights," says Yves Joli-Coeur, who believes that the province of Quebec will have to reflect deeply on collective housing, particularly upon co-ownerships issues, so that additional powers be granted to change the rules.
You can listen to the entire interview by clicking on this hyperlink. The interview begins at 15 minutes and 33 seconds of the audiovisual document.
Montreal, January 12 2018
Source : Radio-Canada