Home > Strata corporations > Important Legal Info > A Legal Opinion
Important Legal Information
Non-Smoking Bylaws are Legal in BC
We hear from many condo owners who are being regularly exposed to their neighbours' second-hand smoke, and they are often surprised to learn that it's possible to adopt a bylaw that bans smoking in the private units and balconies of their building. We didn't say easy, but possible.
Others are under the impression that non-smoking policies are illegal or discriminatory. The good news is that non-smoking policies are legal, non-discriminatory AND enforceable.
A non-smoking policy is no different than a policy that prohibits pets or barbeques.
A legal opinion, commissioned by the Heart and Stroke Foundation of BC & Yukon, on the legality, process and challenges of creating and enforcing non-smoking bylaws in condominium corporations in compliance with the BC Strata Property Act.
Strata Corporations’ Duty to Protect Residents from Nuisance
If there is no specific bylaw that bans smoking, the Strata Property Act includes bylaws that prohibits owners/residents from causing a ‘nuisance or hazard’ to another resident, or acting in a way that interferes with the rights of other residents to enjoy their property. For more information, check out case law summaries.