Can a strata corporation adopt a non-smoking bylaw?

Yes. It is legal for a strata corporation to adopt a non-smoking bylaw that bans smoking on common property, limited common property, and in strata lots. While there are many variations of bylaws that Strata Corporations can choose, for the purposes of this section, “Smoking Prohibition Bylaw” will refer to a bylaw that bans smoking in strata lots, on the interior common property (but not necessarily exterior common property), and on patios and balconies.

Non-smoking bylaws may be adopted by the owner/developer prior to the sale of any strata lots or by the owners by a ¾ vote resolution. Bylaws registered by the owner/developer prior to selling strata lots have the added advantage that all owners had notice before purchasing.

Restrictions and prohibitions should be reasonably connected to the purpose of protecting the health and/or comfort of non-smokers. Further, bylaws must comply with all legislation to be enforceable, including the Strata Property Act, the Residential Tenancy Act, and the Human Rights Code. Once passed by the owners, bylaw amendments must be filed in the Land Title Office in order to be enforceable