ACTION TO ADDRESS SMOKE INFILTRATION AT LILLIANA COURT (5166 Halifax Street)

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Many residents of Burnaby, B.C. aparments, condos and townhomes have been concerned about the health impacts of the long term exposure to second-hand smoke migrating from neighbouring units. This has been an especially prevalent and ongoing issue at Lilliana Court, located at 5166 Halifax Street in Burnaby, British Columbia. There is no known safe level of exposure to second-hand smoke, and many of the undersigned continue to experience smoke infiltrating into their homes on a frequent and on-going basis within this particular apartment complex. Despite the building having a strict no-smoking policy (including marijuana use), as well as signage throughout the building stating that it is a non-smoking property, many tenants of this apartment building continue to defy the no-smoking rules set out by the property management company, Amacon. In speaking to approximately 15 residents of this apartment building, it is claimed by Amacon that some tenants are grandfathered in as smokers, while newer tenants are not permitted to smoke. If this is true, that then begs the question, why do they have signs posted around the building saying that anyone smoking would be in breach of quiet enjoyment - and, furthermore, why do they consistently provide notices to tenants reminding them of the building's supposed no smoking policy? This information is not only misleading and false, but confusing for tenants.

Given this, we are requesting that management of this rental properties continue to remind tenants of their no-smoking policies, and that all future tenancy agreements include a no-smoking clause that bans the use of tobacco and marijuana in units, balconies, and the entire residential property.

We further request that property management investigate and address all complaints of second-hand smoke infiltration in a timely and fair manner, and if they fail to take reasonable and responsible steps in doing so, we will assist tenants in applying for an order requesting the landlords provide all tenants with their right to quiet enjoyment and/or compensate all tenants for the loss of it.