The smoke of the chain-smoking neighbours drifts into my apartment every day and I've got a persistent cough. I've asked them to smoke inside away from open windows and their large glass sliding doors but they refuse. They say their garden terrace is their property and they can do whatever they like there. The sliding doors are open throughout the summer and much of the winter.
A 25-year-old bylaw says that while the outdoor terrace is on common property the owners “from time to time” are “entitled to exclusive use and enoyment of the garden area” on condition that they maintain it in good condition.