Rules Regarding Smoke-Free Environment – Communication from the Board of Directors

For several months, the Board of Directors has been closely monitoring developments in the condominium community leading up to the new cannabis legislation (Bill C-45), which is expected to come into effect on July 1, 2018. This new law will not only legalize the recreational cannabis consumption but will also allow individuals to grow up to four plants in their personal residence.

The advice of experts in the condominium industry, including legal experts, has been overwhelmingly unanimous in urging condominium boards to immediately implement new rules prohibiting individuals from smoking in their units or on common property and cultivating cannabis, before C-45 comes into effect. The rules would apply to tobacco immediately as well as cannabis, once it is legalized.

Acting on the advice of our legal counsel, the Board of Directors has established new rules prohibiting smoking in units, guest suites, common elements and exclusive use common elements of the Corporation, as well as the prohibition on cultivation of cannabis. These new rules will come into effect on June 16, 2018.

There are compelling reasons why the Board has taken steps to implement these rules:

The harmful effects of second hand tobacco smoke are well documented. In a condominium, second hand smoke can travel from room to room, unit to unit and balcony to balcony, causing a nuisance and health risk to other owners/residents. To date, management has received numerous complaints about smoking odors migrating into corridors, common elements and neighouring units. As it stands, smoking is the most noxious form of cannabis consumption because it creates a thick, pungent smoke, which will only add to the problem of second hand smoke in the building.
The cultivation of cannabis, in addition to producing strong odours, also poses its own set of risks and hazards, including: damage by moisture from growing cannabis plants, which promotes the creation of mould and spores in walls, ceilings and floors; increased risk of fire hazards due to people drying the plants in stoves or unsafe electrical modifications, which may result in  increases in the Corporation’s insurance; and a disproportionate use of utilities, such as electricity and water required to grow cannabis plants.
It is important to note that the new rules permit any owner and/or resident who currently smokes tobacco in their unit on the date the rules take effect, to continue smoking as a “Grandfathered Smoker”, provided s/he enters into the Corporation’s Tobacco Smoking Grandfathering Agreement. The Grandfathering Agreement will cease once the owner/tenant moves out of their unit. Ultimately, over time, Aqua will become a completely smoke-free environment – welcomed news for those who are allergic to smoke, sensitive to it, or who have asthma.

Provided recreation use of cannabis is still illegal at the time the rules take effect, the Grandfathering Agreement shall not apply to cannabis smokers.

An owner/resident who requires medicinal use of marijuana can make a request for accommodation to the Board of Directors. The Board will make every effort to accommodate the individual, in accordance with any legislation and the advice of its legal counsel.

The Board of Directors is charged with the responsibility of ensuring the safety and well-being of both the property and its residents. These rules, prohibiting the discharging of odours into other units or common elements so as to cause a nuisance, are predicated upon the Corporation’s Declaration, as well as Section 58 of the Condominium Act, 1998, which promotes the safety, security and welfare of owners/residents.

The Board of Directors believes these rules are reasonable and consistent with the Condominium Act, 1998, and the Declaration and By-Laws of the Corporation. Any owners who disagree with these rules may present the Board of Directors with a requisition for a meeting to vote on the rules, as outlined in Section 46 of the Condominium Act, 1998.

In the meantime, any questions or concerns regarding these rules may be submitted to the Board of Directors through the management office.