Smoking Ban

Although I certainly understand the concerns between smokers and non-smokers (I'm a non-smoker), I wouldn't want to open that can of worms in my Association. Basically you would be wanting to ban a legal activity on someone's personal property.

I'm not saying you can't do it (I'm sure that there are some that have done it). I'm saying that you will need to investigate this with your Associations attorney prior to enacting anything to limit or ban smoking.

Tim

Here is a link to davis-stirling.com Nuisance page. If you scroll down there are links to smoking (second hand smoke, grills, etc.).

Most of the discussion seems to be based on condominiums vs. town homes or single family homes.

Clicking through the links, it does appear that, at least for condominiums, the Association can place limits on smoking (even on balconies). I would suggest you make something the membership votes on (say a bylaw change or CC&R amendment) vs just the Board making the decision. Might minimize any issues caused by adopting such rules.

Tim

Steve,

Prior to reading the information on the davis-stirling site I would agree with you. However, it appears that that it can be considered a nuisance. Funny thing is, that the same page says you can't ban the smoking of marijuana (because CA has declared that medical use is fine) but can force the user to keep it indoors and buy a filter to minimize the smoke.

Most CC&Rs already have some sort of a nuisance clause. A bylaw amendment would just be used to clarify second hand smoke as a nuisance.

Let me be very clear - I don't think that this is the best way to approach the issue. Personally, I don't think the Association should get involved in such issues. However, I can certainly understand the issue. The OP didn't ask how to approach the issue, they asked about implementing a smoking ban.

My concern is what happens when a Board decides a certain type of music is a nuisance (not the volume but the type). What about not allowing fish as pets or limiting the size of the aquarium because of the potential flooding problems?

Associations are already placing limits on the type and size of vehicle that can be parked. Some limit the ability to have a boat and trailer on your property. They typically limit where you can park. Some ban specific breeds of dogs and/or cats. Some specify an age requirement. Some specify the size of your home. They all require approval on putting up a shed, fence or pool. Don't forget about the color the home can be painted, the color of the window dressing when seen from the street, it goes on and on. Where does it end?

Associations are here to stay because they save the municipality funds by not having to provide specific services. In the situations of condominiums and town home developments, they are basically a requirement. Most Associations are their to maintain the common area and enforcing the covenants. Most covenants are simple enough to follow. The issue is when Boards expand their authority by adopting additional rules, regulations and guidelines. Therefore, lets at least use some common sense before making those rules.

What happened to knocking on the door and discussing the issue with a neighbor who probably doesn't even realize it's bothering anyone? Granted, both sides must be willing to compromise to make this work.

Well that's my dimes worth.

Tim

Not to belittle the court process, but that was just a district court. I would have appealed it to the supreme court.

PS. I dont smoke, but I do support personal freedoms.

Thank you all! I've been doing a bit more research following the Davis-Sterling links and found several interesting articles:

There is No Constitutional Right to Smoke
http://www.publichealthlawcenter.org/resources/there-no-constitutional-right-smoke-2008

Legal Options for Condominium Owners Exposed to Secondhand Smoke
http://www.publichealthlawcenter.org/resources/legal-options-condominium-owners-exposed-secondhand-smoke