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Smoke and vapour

Step 3: Solutions

Here’s what to do now that you’ve identified your issue.

Keep track of the smoke and vapour issue with as much detail as possible

The date and time when the smoke and vapour occurs

The type of smoke and vapour issue you are experiencing

Where the smoke and vapour is coming from

Any other important details


Determine who or what is causing the issue

You should contact your condo board if you can’t determine the source of the smoke and vapour. Otherwise, find out who owns the unit that is causing the smoke and vapour and get in touch with them.

You can learn who owns a unit by reviewing a condo record called the Record of owners and mortgagees. This record includes the names and addresses of all unit owners in your condo corporation.

Owners are required to notify their condo if they rent out or lease their units. Condo corporations are required to maintain a record of the notices they receive under the Condo Act.

You can review these records to determine if the person causing the smoke and vapour is an owner or an occupant.

Condos are required to maintain a record of owners and mortgagees under section 46.1 of the Condo Act.

Condos are required to maintain a record of notices of leased units under section 83 (3) of the Condo Act.

You can request copies of these records from your condo corporation.


Contact those responsible

Your neighbour may not be aware that they are causing you an issue. The first step should always be to speak to them and see if you can quickly resolve the issue without needing to file an application with the Tribunal.

You can also send a templated letter if you are uncomfortable speaking to them or if you have spoken to them and it has not worked.

Here is where to direct the letters:

 

Copying your condo corporation in your correspondence gives them an opportunity to intervene and resolve the issue quickly. Make sure you also keep a copy of the letter or email for yourself and note the date and time you sent it.

Owners are responsible for ensuring that occupants of their units comply with the Condo Act and the corporation’s governing documents under section 119 of the Condo Act.


Follow up

Send a follow up letter if the other party does not respond to you after a reasonable amount of time passes after you send the first letter. Keep copies of any follow-up as well.

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