No-Smoking on balcony

S.T. writes:

Dear Paul:

I have just been informed that smoking on my balcony is banned. No one else use the balcony, so why does the board have the right to stop me?

Paul replies:

Dear S.T.:

If you wish to smoke, it is your decision to do so. However, the board may be correct in prohibiting smoking on the balcony off your suite. You will have to check your governing documents for clarification. A balcony is usually considered an exclusive use common element. In other words, as you stated, no one else will be using the balcony except you, your family, and your guests. As a common element the condo corporation can make bylaws and rules governing how common elements will be used. If your building is non-smoking, that will extend to the balcony. The board may have received complaints from owners neighbouring  your balcony because they are affected by the smoke from your cigarettes. Some may have allergies. The fact that it is outside, is no guarantee that the smoke is diluted in the air and has no adverse effect on others. Second hand smoke is always a health hazard. Although it is an inconvenience, you may be better to simply go outside to the designated smoking area. Good Luck.

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