Having the by-law will attract more non-smokers to move to your condo as smokers will want to move to condos without such a by-law that restricts smoking.
Don't buy detractors' argument of enforcement difficulties. The by-law serves as a good deterrent. Condos with the by-law are seeing more smokers going downstairs to smoke or closing their windows when they smoke.
Even if you are not currently affected by secondhand smoke, there is no guarantee that your good luck will remain as owners and tenants come and go. The by-law acts as your insurance.
It's really not that onerous. Typically, condo AGM attendance is very poor, only about 10% or so. All you need is to do pre-AGM rallying of non-smokers. By doing the following, you can quite easily achieve 80-90% support votes:
1. Conduct a household survey on secondhand smoke drift using Google Form or Survey Monkey to gauge the severity of the problem and level of support for a smoke-free by-law. It also allows you to follow-up with the victims. See sample survey here and adapt accordingly. This step is good, but optional.
2. Propose a "smoking ban at balcony/patio/open windows/common areas" by-law at the next AGM. To pass a Special Resolution by-law, you need at least 75% support votes. Get as many victims of neighbours' smoke to attend the AGM and vote in support. You and other non-smoker SPs attending the AGM should collect as many proxy votes from absentees as possible.
You, the proposer of the Special Resolution, have to be present at the AGM to explain the motion before voting. Otherwise, the item will be struck off the agenda and not be put to the vote.
As of 12 October 2022, seven condos have passed such by-laws (see attached for an example). While being in the MC is good, it is not necessary. Having enough non-smoker SPs to attend the AGM or give you their proxies to vote in favour of the by-law is essential to ensure success.
3. Incorporate an administrative fee in your by-law (eg. $50-$100 per by-law breach smoking incident). Violators who do not pay would have the amount added to their quarterly management fee bill, and the usual late payment interest applies. Please note that a fee that is set too high may trigger the SP to make a complaint to the Strata Titles Board.
4. At the same time as 2, propose an ADDITIONAL BY LAW - BREACH OF BY-LAWS as follows to enable recovery of legal costs in enforcing 2 above:
Where a subsidiary proprietor or occupier of a lot has breached any by-laws of the First Schedule of the Land Titles (Strata) Act (Cap 15) and/or breached any by-laws passed by the Management Corporation at its general meetings and where the Management Corporation has incurred any costs, fees or expenses whatsoever in enforcing the said by-laws the same shall be recovered from the subsidiary proprietor, occupier of lessee concerned on a full indemnity basis.
5. You can quote health harms of secondhand smoke at the AGM to explain why the by-law is necessary. This smoke-free housing resource from CDC is also helpful.
After successfully enacting your by-law, write a Google review to publicise that your condo has a smoke-free by-law, which is great for the ~90% non-smokers who wish to live in a healthy environment.
Please take action to safeguard your precious health and to denormalise smoking as a socially unacceptable behaviour.
PS. Tips for condo smoke-free by-law to work:
1. A strong MC consisting of 100% non-smokers is best (you can ask about their smoking status at the AGM). MC can get MA to apply strict enforcement.
2. Set up a chatgroup of secondhand smoke victims in your block. Neighbours can help each other collect photo evidence of smoking offence.