Associations CAN restrict smoking in common areas such as hallways, lobbies, and roof decks, as well as limited common elements like balconies. However, under the law, smoking is not considered a nuisance, therefore restrictions on smoking in individual units cannot be applied under nuisance laws. In order to truly ban smoking in a building, bylaws would need to be legally amended. For any amendment to be adopted, a ⅔ vote of the association membership is required.

Bylaw amendments are difficult to achieve. If there are concerns about smoking within the building and articulated complaints, it is recommended that the residents try to resolve those concerns by agreeing to make some effort to mitigate the effect, which may include air purifiers, opening windows, sealing doors that adjoin common areas, and using smokeless ashtrays. This isn’t enforceable, but in the best case scenario, considerate smokers may work to ensure they are not disrupting their neighbors.