April 01, 2019
All Owners and Residents
Pinnacle Grand Park 1
Rules Regarding Cannabis and Cigarette Smoking at PSCC 960
At the Annual General Meeting held in January of 2019, owners of suites at PSCC 960 asked the Board of Directors to look into the issue of cannabis and cigarette smoking within 3985 Grand Park Drive. With assistance from the Corporation’s Solicitor, the Board of Directors created a survey on this topic on our website and handed out to all owners to complete and return to Property Management. Based on the results of this survey, the Board of Directors has created rules for cannabis and tobacco smoking at PSCC 960. The Board of Directors would like to thank all owners who filled out the surveys and assisted with this owner-driven initiative.
The new rules will take effect as of May 1, 2019.
The new rules are as follows:
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1. In addition to any provincial and/or municipal smoking ban in any interior common area of a condominium corporation, there shall be no smoking, as that term is hereinafter defined, anywhere on, within, or upon the Units of the Corporation or the common elements of the Corporation (which shall include all exterior common elements of the Corporation whether designated for the exclusive use of an owner or otherwise, including patios, terraces and/or balconies), except in areas as may specifically be designated by the Board from time to time.
2. For the purposes of this Rule, “smoking” includes, but is not limited to, the combustion, vaporization and/or inhalation of tobacco or tobacco products, cannabis (marijuana) or cannabis products, or such other substances as the Board of Directors may prohibit, in its absolute discretion, by any means or method including, but not limited to, cigarettes, cigars, cigarillos, joints, pipes, vaporizers, or other means or methods as the Board of Directors may prohibit, in its absolute discretion.
3. No cannabis plants or cannabis products shall be permitted to be grown or processed anywhere on Corporation property, being the common elements and units of the Corporation.
4. Notwithstanding section 1, those current registered residents who smoke in their Residential Unit or Live/Work Unit (the “Unit”) at the time of the passing of these Rules may register in the Smoking Register in the Property Management Office within 30 days of this rule becoming effective, and only those current residents who have so registered may continue to smoke within the interior portions of their Residential or Live/Work Unit only. Upon a current resident who is registered in the Smoking Register ceasing to reside in the Residential or Live/Work Unit, no further individuals shall be permitted to smoke in the Residential or Live/Work Unit. The exception in this section does not apply to (a) the smoking of cannabis or any illegal substance and (b) smoking of any kind in any exterior common elements of the Corporation, whether designated for the exclusive use of an owner or otherwise, including patios, terraces and or balconies.
5. Notwithstanding section 4, above, in the event that complaints are received by the Corporation the smoke or smoke odours are entering other units or the common elements as a result of smoking by a resident who is registered in the Smoker Register, and the complaint(s) are not resolved following the receipt of written notice of the complaint(s) from the Board of Directors or Property Management, the Board of Directors and/or the Property Management may, by written notice, prohibit smoking by the registered resident in the resident’s Unit and/or on the exclusive use common elements appurtenant to his/her Unit.
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Any Owner in disagreement of the new rules may request a Requisition Meeting of Owners for the purpose of challenging the establishment of the proposed Cannabis and Tobacco smoking rules. The steps involved for calling a Requisition Meeting are as follows:
1. Owners of 15% of units (48 units in PSCC 960) must sign and personally deliver to the President or Secretary of the Board, or deliver to the Service Address of the Corporation (3985 Grand Park Drive), a requisition for an Owners meeting. The requisition must state the business to be discussed at the meeting.
2. The Board must hold the meeting within 35 days of receiving the requisition. If the Board fails to call and hold the meeting within the 35 days, the person making the requisition may do so within 45 days.
If no Requisition Meeting is called to challenge the proposed new rules by May 1, 2019, the new rules will be deemed to have been successfully passed.
Cannabis and Tobacco Smoking rules for 3985 Grand Park Drive
Reason for the new Rules Regarding Cannabis and Cigarette Smoking at PSCC 960
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1. Why did the Board of Directors decide to act on the changes to the legislation regarding the personal use of cannabis?
At the Annual General Meeting held in January of 2019, owners of suites at PSCC 960 asked the Board of Directors to look into the issue of cannabis and cigarette smoking within 3985 Grand Park Drive. With assistance from the Corporation’s Solicitor, the Board of Directors created a survey on this topic that was handed out to all owners to complete and return to Property Management. Based on the results of this survey, the Board of Directors has created rules for cannabis and tobacco smoking at PSCC 960.
2. Are there currently any ongoing issues regarding smoking?
YES. While the board recognizes that some smokers do so responsibly and with great consideration to other residents, some smokers do not. Some of the ongoing issues are:
â–ª Resident Complaints – The Property Manager routinely receives complaints from residents regarding smoke migrating between various units. There are also complaints regarding smoke migrating from the courtyard through open windows and into the units that face into that area. Additionally, there are complaints regarding smoke migrating between smokers and non-smokers at the roof top tables.
â–ª Personal Safety and Damage to Corporation Assets – Many cigarette butts have been discarded by being thrown from balconies. These butts have landed on other balconies, causing damage to personal property
â–ª Litter – Cigarette butts are often discarded from balconies or terraces and have caused personal injury to residents and damage to personal items. Cigarette butts are often found on exclusive use common elements (unit balconies) as well as Corporation Common Elements.
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3. I am a smoker. Does this mean that I can no longer smoke in my own home?
NO. Smokers who register to be “grandfathered” will be exempt from portions of the new rules and can continue to smoke inside their own unit and within the designated outdoor smoking areas.
For the time being, the outdoor spaces will remain as previously designated but with some additional guidelines. These are:
â–ª within the exclusive use common area balconies and terraces of registered smokers who have been grandfathered,
â–ª within the designated area of the second-floor terrace near the “Smokers Pole,” and
â–ª outside the entrances to staircases A-B-C located near the Loading area garage door.
It should also be noted that, just because a unit resident has been grandfathered to smoke (whether tobacco or cannabis), that does not absolve the unit resident of the need to do so in a way that does not interfere with other unit residents’ reasonable enjoyment of their respective units. If a unit resident’s smoking causes a nuisance to other unit residents, the smoker may have their right to smoke revoked. Even before the amendments to the smoking rule, this provision was already in effect and it continues to be the Board of Directors’ obligation to enforce it.
4. As a smoker, how can I better prepare myself so that my smoking does not interfere with other residents’ reasonable enjoyment of their respective units and of the common elements.
Smokers should ensure that their unit’s ventilation system, including the fans and exhaust ducts, are maintained in good operating condition. The system should be turned on to assist in controlling smoke odors. Additionally, smokers can purchase a good quality smoke-eliminating air purification appliance and endeavour to maintain it in good operating condition. These are now readily available at many hardware stores. One can also the follow the example of the responsible smokers by smoking only in designated areas and by discarding their smoking materials respectfully and responsibly. Smoke migration will depend on a number of factors including but not limited to the number of smokers within the unit and the frequency in which they smoke. In implementing the above recommendations, this does not absolve the resident smoker from his/her responsibility to take further action. Smoke migration will depend on a number of factors including but not limited to the number of smokers within the unit and the frequency in which they smoke. In implementing the above recommendations, this does not absolve the resident smoker from his/her responsibility to take further action.
5. Will the new rules affect the personal consumption of edible cannabis products?
NO. The new legislation does not yet make it legal to possess or to consume edible cannabis products. Regardless of any further changes to the legislation, the consumption of edible cannabis products is beyond the scope of this initiative – the rules are being amended to address issues with smoke migration.
6. When do the amended rules become effective?
The new rules become effective 30 days from the posting of this notice. This will be May 1, 2019.
7. What can I do if I disagree with the amended rules?
An owner has the right to requisition a meeting for the purpose of expressing his/her disagreement with the amended rule. The requisition must be in writing within 30 days of the posting of this notice and must contain the signatures of at least 15% of the total unit owners. Upon receiving a requisition, the Board must then call and hold a meeting of owners within 35 days. Alternatively, if both the requisitioners and the Board consent, the business can be added to the agenda at the next annual general meeting. At the meeting, the requisitioners will be given the opportunity to discuss their objections on record, and to present an alternate strategy to manage the introduction of cannabis smoke. This would be an important meeting for all stakeholders to attend as a majority vote of the attendees at the meeting will determine if the amended rules become effective.