Smoke exhaled by smokers (mainstream smoke) and smoke emanating from tobacco burning from their cigarettes, cigars or other (side stream smoke) mixed with ambient air. Second-hand smoke contains in particular more tar and carbon monoxide than mainstream smoke. The particles generated by this smoke are smaller and thus penetrate deeper into the lungs.
L'usage du tabac en copropriété divise suscite bien souvent la controverse. Faut-il bannir le tabagisme en copropriété, alors que les fumeurs ont eux aussi des droits. La question est délicate est nécessite d'y apporter des nuances.
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A source of permanent controversy in co-ownership, cannabis and tobacco smoking arouse passions. However, it is recognized that there is no inalienable right for a co-owner to smoke in the common portions or in a private portion. On the contrary, the common law on abnormal neighbourhood disturbances and the effects of second-hand smoke on the health of people exposed to it advocate prohibition. In this regard, the right to life and to the safety and integrity of the person enshrined in the Charter of Human Rights and Freedoms is moving towards an obligation to abstain from smoking in collective dwellings. 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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I live in a co-ownership where there are a few smokers, one of which is located directly below me. His smoke migrates into my apartment. I am worried of its effects on my health in the medium and long terms, as well as that of my spouse and those of my two children.
Question: Can our syndicate compel these smokers to install an air freshener in their apartment?
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WHAT YOU SHOULD KNOW! A co-owner bothered by second-hand smoke could consider a legal remedy for neighbourhood annoyances against the co-owner concerned. The plaintiff will nevertheless have to show that this nuisance is abnormal, and that it exceeds the limits of the tolerance that the neighbours owe to each other under article 976 of the Civil Code of Quebec.
