Smoking in common areas

Started by DorothyG • 9 replies • 1854 views

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DorothyG (California)
Posts: 5

Posted:

I have a neighbor who is a very heavy smoker. He tends to stand in the hallway with his door open and smoke drifts out into the hallway. It really smells up the hallway. Another neighbor has been buying air freshener to relieve the problem but is there any other recourse.

PeterD3 (Florida)
Posts: 708

Posted:

Many CCRs contain language that prevents causing a nusiance to others. Maybe this is an avenue you could pursue.

In order for the BOD to act there would need to be a complaint or complaints filed to the effect of the nusiance.

RobW (California)
Posts: 279

Posted:

It depends on your CC&Rs, rules and regulations and local ordinances. They may not say anything about it, in which case your options are limited. We've been struggling with this issue where I live, and have not found a solution yet.

As you know, California is really cracking down on smoking that adversely affects others. More and more municipalities are passing ordinances that restrict or even ban smoking altogether.

Do your CC&RS or rules say something along the lines of prohibiting anything to be done in or around a unit, or in the common area, that would infringe on the "quite enjoyment" or "peaceful enjoyment" of other homeowners? If so, that may be an angle you can use to argue to the board to get the Association to take action.

But have you tried talking to the smoker? As a former smoker, I can confidently state that there were many times wnen I thought I was being considerate (waving my hand through the smoke, sitting next to a window, etc.), when in fact my smoking was causing problems for others. I had long before lost the ability to smell the residue on my clothes, hair, fingers, and on everything part of my home. If someone had simply told me my smoking was affecting their enjoyment of their home, and had asked me to find a way to direct my smoke somewhere else, I might have developed an attitude, but I would have done it.

Rob

CarolR11 (Colorado)
Posts: 2,563

Posted:

Also look in your CC&Rs or rules and regs to see if there's some language that prevents "noxious odors" emanating from units. In addition, our rules forbid doors to residences from being propped open, which I think has to do with local or perhaps state fire safety regs. (All of our corridors are interior ones.) And our rules have long forbidden smoking in interior common areas.

DagmarB (Georgia)
Posts: 21

Posted:

I can relate to your problem, I am a smoker, but do not smoke in my condo and neither can anyone else. I hate when smokers are so inconsiderate and leave their ashes and butts everywhere on the property including breezeways, the landscape around the buildings and pool. So I have send out warnings about respect for others. Did it help? we have some young men living here ( the mother owns the condo) who will absolutly not adhere to any bylaws, even placing a fine on the unit does not help, the mother just pays it.

RobW (California)
Posts: 279

Posted:

The mother may pay it - once, or maybe even twice - but again and again and again? At some point, even a mother's patience can be pushed beyond the breaking point. Sometimes you just have to stick to your guns.

Rob

JanetB2 (Colorado)
Posts: 4,219

Posted:

Hi Dorothy:

An option is suggest to your Board to send a memo to homeowner’s reminding them that everyone needs to live in harmony and please be considerate of your neighbors. It then can suggest to please not smoke in any indoor hallway and to please stay inside your own condo or outside in the open if you are smoking. They can hint that this is becoming an issue and failure to respect your fellow HOA members, can eventually lead to rules eliminating smoking in all common areas.

Like Dagmar I also am a smoker (keep saying I need to quit, but have not yet). However, I also do not smoke inside my home and am very conscientious about others around me whenever I do smoke. Smoking is done outside in the open air and if others are around I always stand down wind. I also never throw cigarette butts on the ground, they always go in the trash … it really infuriates me when I see cigarette butts laying around as there is no excuse for throwing trash on the ground. For anyone to do so is pure laziness and disrespect.

Dagmar … I agree with Rob … stick to your guns, at some point the mother may get tired of paying for her son’s stupidity and finally make them follow the rules.

BarbaraB10 (California)
Posts: 117

Posted:

All good suggestions.

From my perspective as a volunteer on the rules enforcement committee, the objective is to gain compliance and correction of the violation. The hallway is common area and seems unfair to the other residents.

Apparently the owner knows that the board will continue to accept the money in exchange for their violation to continue.

The exchange of money in place of compliance and correction seems wrong. It permits the violation. Money does not correct or stop it as indicated by their willingness to pay the $$$ but continue to ~ ~ ~.

A different example could be a dog owner who permits their dog to use the hallway as a bathroom. The owner pays the fine each time they're cited - but - the dog continues to lift a leg or worse. The owner may or may not clean up the mess.

Both types of odors are nuisances. Both types of odors permeate and linger in the building on the walls, floors, ceilings, carpets, etc. not to mention the ventilation, heating and AC systems.

How is this different from the smoker unit? If smoking and dog odors were to be stopped in the early days of infraction, the residual odors could be reversible. If permitted to continue over months, the remedy to remove the odors will cost more - washing walls, paint, cleaning ductwork, etc.

Would your association permit the dog to continue to do its business in the hallway and continue to accept money instead of compliance?

IMHO, the board needs to use their authority to stop the violations and gain compliance. Otherwise, it may only be a matter of time before other problem residents surface and learn the board has no real intention to gain adherence to the CCR's.

Good luck to you!

RobW (California)
Posts: 279

Posted:

Here's one solution.

Rob

DorothyG (California)
Posts: 5

Posted:

Thank you so much for the very useful information you supplied. I am going to be attending a meeting this week and will take this info with me. I also wish to thank all the other kind souls who have contacted me regarding this problem. Luckily my unit is separate from that of the smoker but my neighbors directly above him are really suffering, i.e. the husband with breathing problems and the wife contually contracting laryngitis. So I have really appreciated all the input I have gotten.

DorothyG

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