Strata Can't Ignore Smoking Complaints Simply Because It Doesn't Have a No-Smoking Bylaw

A recent decision involving a Lower Mainland strata corporation highlights an important reminder: a strata does not need to have a specific “no smoking” bylaw to have obligations when second-hand smoke impacts an owner’s ability to enjoy their home.

For strata councils and property managers, the decision reinforces the importance of having good bylaws, processes for investigating complaints, enforcing bylaws, and addressing disputes before they escalate.

The Importance of Proper Bylaws and Bylaw Enforcement

Many strata corporations assume that if their bylaws do not expressly prohibit smoking, there is limited ability to take action against residents who smoke within their units.

However, strata corporations often have broader nuisance and unreasonable interference provisions that may apply. Under the Strata Property Act, strata corporations have an obligation to enforce their bylaws and rules fairly and reasonably.

Where smoke, odours, noise, or other conduct substantially interferes with another resident’s use and enjoyment of their strata lot, a strata corporation may be required to investigate and determine whether enforcement action is appropriate.

A lack of a specific smoking prohibition does not necessarily prevent a strata corporation from addressing the issue.

The Importance of Well Drafted Strata Bylaws and Policies

While general nuisance bylaws may provide a basis for enforcement, strata corporations may wish to consider whether their existing bylaws adequately address current concerns.

Many strata corporations have adopted smoking and vaping restrictions to provide clarity for residents and simplify enforcement. A carefully drafted bylaw can help establish expectations, reduce disputes, and provide councils with a clearer framework when responding to complaints.

However, even with detailed bylaws, enforcement decisions must still be made fairly and in accordance with the Strata Property Act.

What Should Strata Do When Complaints Arise?

Taking proactive steps - including reviewing bylaws, obtaining legal advice, and implementing consistent enforcement procedures can help strata corporations reduce liability and maintain positive relationships within the community.

Whether you are a property manager, property management company, owner, tenant, council member, or a self-managed strata - let our Strata Law team help guide you through the nuances associated with your strata legal issues.

Case: Olovrap v. The Owners, Strata Plan BCS4124, 2026 BCCRT 995

This blog post provides general information and is not intended as legal advice. Laws change frequently, please contact DuMoulin Boskovich LLP for advice specific to your situation.