Definition : Tobacco

Plant rich in nicotine, which is cultivated to be smoked or chewed according to the preparation. It is generally consumed in the form of cigarettes, of cigars or of pipe tobacco. The Tobacco Control Act prohibits anyone from smoking in enclosed public spaces. This prohibition applies, inter alia, to the enclosed common areas of any building held in divided or undivided co-ownerships that comprise two or more residential units. Terraces and outdoor areas, which are operated as part of a commercial activity, are also covered by this prohibition. Declarations of co-ownership often contain provisions restricting or prohibiting the use of tobacco products in common portions.

 WARNING! The term "common areas" should not be confused with "common portions". The law only applies to enclosed public spaces in a co-ownership. It cannot therefore apply to all common portions of the immovable.

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  A source of permanent controversy in co-ownership, smoking arouses passions. A growing number of co-owners are complaining about neighbors who smoke. Given the abnormal neighbourhood disturbances that second-hand smoke can cause, many non-smoking co-owners want it completely banned. They worry about the effects of second-hand smoke on their health. Under the circumstances, should co-ownership syndicates banish this habit?  This is not an easy question to answer. Easier said than done, some will say. And they are not wrong. Here’s a look at the whole legal issue that defines smoking in co-ownerships.
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  I plan to buy an on plan apartment. As I am intolerant to second-hand smoke from other units, acquiring a condo in a co-ownership in which my neighbors could be smokers is out of the question. Question: How can I get assurances from the developer, that smoking will be prohibited in the private portions of the building to be built?
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