Definition : Tobacco

Plant rich in nicotine, which is cultivated to be smoked or chewed according to the preparation. It is generally consumed in the form of cigarettes, of cigars or of pipe tobacco. The Tobacco Control Act prohibits anyone from smoking in enclosed public spaces. This prohibition applies, inter alia, to the enclosed common areas of any building held in divided or undivided co-ownerships that comprise two or more residential units. Terraces and outdoor areas, which are operated as part of a commercial activity, are also covered by this prohibition. Declarations of co-ownership often contain provisions restricting or prohibiting the use of tobacco products in common portions.

 WARNING! The term "common areas" should not be confused with "common portions". The law only applies to enclosed public spaces in a co-ownership. It cannot therefore apply to all common portions of the immovable.

Related articles

12/04/2021

Tabagisme en copropriété : faut-il interdire la cigarette ?

Le mercredi 12 avril 2021, la Webradio de Condolegal.com a exploré les enjeux complexes liés à l'usage du tabac en copropriété divise, un sujet fréquemment au cœur de vifs débats. L'usage du tabac en copropriété divise est souvent source de débats houleux. Doit-on interdire le tabagisme dans ces espaces collectifs,…...

Syndicate

23/03/2021

Ban smoking in co-ownership

A source of permanent controversy in co-ownership, cannabis and tobacco smoking arouse passions. However, it is recognized that there is no inalienable right for a co-owner to smoke in the common portions or in a private portion. On the contrary, the common law on abnormal neighbourhood disturbances and the effects…...

Your Rights
lock
You need to have an account to read this article

09/08/2022

Will my co-ownership be built for non-smokers ?

  I plan to buy an on plan apartment. As I am intolerant to second-hand smoke from other units, acquiring a condo in a co-ownership in which my neighbors could be smokers is out of the question. Question: How can I get assurances from the developer, that smoking will be…...

Purchase
lock
You need to have an account to read this article

09/08/2022

Imposing an air freshener upon owners who smoke?

  I live in a co-ownership where there are a few smokers, one of which is located directly below me. His smoke migrates into my apartment. I am worried of its effects on my health in the medium and long terms, as well as that of my spouse and those…...

Your Rights