The proposed Rules Regarding Tobacco and Cannabis were confirmed at the May 31, 2022 Annual General Meeting.
As per section 1(c) of the new Rules:
Any existing resident of a unit shall be permitted to smoke tobacco and/or cannabis in the suite or in or on the balcony, patio or terrace appurtenant to the suite (the “Grandfathered Resident”) if the resident of the suite provides notification, in writing, to the Corporation within thirty (30) days of these Rules being effective of his/her intention to smoke tobacco and/or cannabis.
Please submit your request for grandfathering in writing to: board@21dale.org or manager@21dale,org
Your request must be received by July 18, 2022.
The Rules Regarding Tobacco and Cannabis are below.KENSINGTON APARTMENTS LIMITED
(the “Corporation”)
RULES REGARDING TOBACCO AND CANNABIS
WHEREAS:
a) Rules and Regulations are in effect for the benefit of all residents to provide the community with a safe and pleasant environment for living;
b) The Corporation wishes to add to the existing Rules and Regulations;
NOW THEREFORE the board of directors of the Corporation (the “Board”) wish to enact new Rules as follows:
1.TOBACCO AND CANNABIS
Due to the irritation and known health risks of exposure to second-hand tobacco or cannabis smoke, increased risk of fire and increased maintenance and cleaning costs, all forms of smoking (as defined in Section 1(b) of these Rules) are prohibited on the property of the Corporation, including:
In all suites;
In or on all balconies, patios and terraces appurtenant to the suites; and
In or on all common elements provided that smoking is permitted in or on any outdoor smoking areas, as designated by the Board (from time to time) in its sole and absolute discretion.
The term “smoke” or “smoking” shall include, but not be limited to, the inhaling, exhaling, burning or carrying of ignited tobacco, cannabis or any other substance that contains tobacco or cannabis and the inhaling or exhaling of vapour containing tobacco or cannabis.
Any existing resident of a unit shall be permitted to smoke tobacco and/or cannabis in the suite or in or on the balcony, patio or terrace appurtenant to the suite (the “Grandfathered Resident”) if the resident of the suite provides notification, in writing, to the Corporation within thirty (30) days of these Rules being effective of his/her intention to smoke tobacco and/or cannabis.
In the event a Grandfathered Resident ceases to smoke or reside in the suite, then the Grandfathered Resident shall be subject to and must comply with Section 1(a) of these Rules.
Notwithstanding Section 1(c) of these Rules, the Grandfathered Resident shall be subject to and must comply with all applicable legislation and the governing documents of the Corporation, including but not limited to, those with respect to causing a nuisance or hazard to another person and unreasonably interfering with the rights of another person to use and enjoy the suites, balconies, patios or terraces appurtenant to the suites or common elements.
The Board may revoke a Grandfathered Resident’s right to smoke upon written notice of same in the event the smoke is deemed to be a nuisance by the Board in their sole discretion, acting reasonably.
The littering of cigarette butts or any similar smoke related waste product, whether lit or not, is prohibited on the property.
ENACTED AND PASSED by the shareholders at a meeting duly constituted and held on the 31st day of May, 2022
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