Help with VVE: No problem with cigarette smoke?

Questioner

I live on the first floor in a VVE with 3 apartments (built in 1925). My son (9 years old) has asthma. I always smell cooking smells, the allerbrand and very occasionally (when there are smoking visitors) cigarette smoke from the downstairs neighbors. Miserable, but that's what you get with old houses (I assume). However, the apartment of the downstairs neighbors is currently for sale. What I am afraid of is that smokers will come to live there. And cigarette smell will be something that we will definitely suffer from. (based on experience from 1.5 years ago when a team of heavy smoking men renovated for 6 months). At that time, part of my house was literally blue from the cigarette smell of the downstairs neighbors. My question; can I now agree with the VVE that smoking is not allowed within the VVE? Just as you can agree that pets are not allowed to live within a VVE.

Lawyer

No, that is not possible. Neither you nor anyone else can determine what is or is not permitted in someone else's home. However, you can request the VvE to take measures so that you are no longer bothered by things from outside. You can possibly see for yourself what you can do in the home itself to reduce the nuisance. As a last resort, you could consider moving yourself.