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Smoking Prohibited in Your Home

There is often talk of the government banning smoking outright. That’s a tricky proposition, since the government gets a lot of money from tobacco taxes. Many would argue that the money is exactly why government drags it’s feet.

Is there another solution? It turns out that there may be. I’m starting to see more strata corporations ban smoking in strata lots through strata bylaws. In other words, if you smoke, and you buy a condo, your neighbours can pass a bylaw that prohibits you from smoking in your property.

Is this right? The concept of quiet enjoyment would seem to say no. On the other hand, the old tort case of Rylands vs. Fletcher says that a property owner is liable for damage arising from his property. Second hand smoke could be called damage, or a hazard. Does that mean that a group of individuals can gang up on a single person and force them to stop doing something that is legal? Its an interesting issue.

Another interesting question is whether a non-smoking bylaw will detract from or add to value. Would you buy into a non-smoking building, and would you pay the same price as you would in a non-regulated building, knowing that the market for the non-smoking building might be smaller, since smokers can’t buy? Fewer buyers mean less demand, and so lower prices, unless the non-smoking buildings increase in demand.

Rental restrictions have worked both ways, but often do hurt re-sale value.

Are the bylaws enforceable? After all, a strata corporation isn’t the government and can’t pass laws.

And by the way, the smoking ban extends to marijuana.

My name is Rob Chipman and I’m a realtor, pilot and all around super hero based in Vancouver, BC. I really enjoy flying, playing guitar and hockey, real estate and the Chilcotin.¬† My company is¬†Coronet Realty Ltd., located at 3582 East Hastings Street, Vancouver, BC, V5K 2A7. I have a C-150L that I own with two other pilots, based out of Pitt Meadows. Do not hesitate to contact me by email if I can help you do anything, especially if its likely to be interesting.

One Response to “Smoking Prohibited in Your Home”

  1. vomitingdog says:

    I smoke in my hot new place!