Helpful Hint: Engage the board and management again: provide detailed documentation of the dates, times and impacts of the smoke intrusion (e.g., health concerns, property damage); request the board to explore enforcement of the “nuisance or hazard” bylaw provision — while not as definitive as a no-smoking bylaw, it could provide a basis for action; suggest alternative solutions, such as sealing the smoker’s unit at their expense, installing air filtration systems, or mediating a resolution between you and the other owner. If this does not work, consult a lawyer to assess whether pursuing a court application yourself based on the “nuisance or hazard” bylaw is feasible. And finally, while unfortunate, selling your unit might be the most practical long-term solution if the issue remains unresolved.
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