The new anti-smoking legislation introduced April 1, 2008 in the province
of B.C. prevents smokers from lighting up within 6 meters of common areas in public buildings like doorways, and open windows, as well as bus shelters. In Vancouver, the ban also includes restaurant patios and smoking rooms. The new legislation also prohibits tobacco sales in public buildings and limits the display and promotion of tobacco in establishments that are accessible to youth.

There has been much talk as to whether this ban includes strata complexes and other multi-family dwellings. I think it is safe to say that the ban includes common areas like lobbies, hallways and elevators which many stratas have already addressed in their own bylaws. The ban according to officials is not meant to include patios and balconies in multifamily dwellings, however the new legislation does not clearly outline leaves much room for interpretation.

The interesting thing is that most of us that live in strata complexes that designate plumbing systems and some heating systems as common property with shared venting. As a result we get to smell what our neighbours are eating for dinner and then experience their after dinner smoke too.

Recently we had our AGM for the strata complex I live in. One of the resolutions we were voting on was to adopt a by-law preventing smoking inside our units. All this was brought about by a petition put together by a smoking owner who was disturbed by another owner smoking late at night and causing the daytime smoker to lose sleep. Another owner brought up the fact that people smoking outside on their patios also came into their unit and caused them to have to shut their windows in summer. The original resolution was amended to add no smoking on any part of the strata lot, common property or limited common property. The resolution was passed effectively making our complex smoke-free. The challenge will be monitoring the situation but then again the anti-smoking ban presented by the province is also self-policing. The government is counting on the public to police the new anti-smoking law rather than government workers. The bottom line is that nothing is going to be foolproof but if we keep taking enough steps in the right direction we will eventually create a healthier living environment.

written by: Aislynn Radley
www.vancouverinvestors.com