#67484
Jimmy-T
Keymaster

    You’re right, strictly speaking.  But the Owners Corporation has duties around the protection of residents and any owner or tenant could go to the Tribunal and claim (under section 232) that the OC had failed to protect owners from the effects of passive smoking by allowing smoking on common property.

    The Tribunal could then order the OC to remedy this and the simplest way to do that would be for the OC to pass a by-law.  There is no simple mechanism that I know of for ordering the passing of a by-law – but this may only strengthen your argument that failure to pass a standard by-law could lead to considerable legal expenses after which you’d have to do it anyway.

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.