I plan to buy an on plan apartment. As I am intolerant to second-hand smoke from other units, acquiring a condo in a co-ownership in which my neighbors could be smokers is out of the question.
Question: How can I get assurances from the developer, that smoking will be prohibited in the private portions of the building to be built?
Answer: Your question is very relevant because a developer could legally incorporate, from the creation of his co-ownership, a statement (in the declaration of co-ownership) providing that the building will be strictly intended for non-smokers.
Therefore, the said declaration could specify that the protection of the occupant’s health necessitates a healthy environment, free of tobacco smoke, thereby creating an essential feature of the destination of the immovable. Anybody acquiring a dwelling therein would automatically have to adhere to this destination.
However, to know everything there is to know about the condo you plan buying on plan, you need to get the draft declaration of co-ownership from the developer. Be aware that the Civil Code of Québec provides that a developer must provide an memorandum (information note) to the promisor- buyers, including such draft declaration.
If, after reading it, you realize that nothing therein provides that co-owners cannot smoke in their private portion, there will be no assurance that this will be the case. We suggest you take no risk. Forget the condo you covet, to initiate other visits to fulfill your expectations.
