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Debra
Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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I live in a condominium and have two chronic cigarette

Customer Question

I live in a condominium and have two chronic cigarette smokers living below me...they have been told to stop smoking outside on their balcony by Strata Management and polluting my air space above but refuse to stop...they were told to take their smoking habit indoors and close their windows tight but do not do it....What can I do to be able to breath clean air. Gord Barney
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

This is considered a nuisance and as well it is a breach of the bylaws to deprive you of your right to peaceful enjoyment of your home.

The Strata Council is obligated to enforce the bylaws so they have to deal with this and stop it.

I suggest you write them and not the Management and tell them you are demanding they deal with this and at once as they owe you a duty of care and a duty of enforcing the bylaws.

If that doesn't work you can sue the Council or you can sue the smokers for nuisance and seek an order that they stop and damages.

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